On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]

The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.

It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."

While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.

On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.

And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.

We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.

"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.

As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."

Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."

She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."

Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...

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Article Categories: Election Reform, North Carolina, BRAD BLOG Media Appearance, Maryland, Rights And Freedoms, U.S. House, Dept. of Justice, Democrats, Republicans, U.S. Supreme Court, KPFK, Russia, BradCast, John Roberts, Election 2018, Election 2020, Robert Mueller, Donald Trump, Jr., Paul Manafort, Gerrymandering/Redistricting, Brett Kavanaugh, Census Bureau

On today's BradCast: The coverage by the corporate media --- and response by many Democrats --- to Attorney General William Barr's terse, misleading 4-page summary of Special Counsel Robert Mueller's report after two years has, by and large, been atrocious in innumerable ways. [Audio link to show follows below.]

We're joined today by HEATHER DIGBY PARTON, who has been covering the corrupt Trump Presidency for years now, including its various Russia-related storylines and other criminal probes at Salon and Digby's Hullabaloo. Among our several related topics of discussion today: Shameful failures by the media and others to demand independently verifiable evidence of speculative allegations both before the confidential Mueller Report was finally delivered to Barr and the subsequent failure by many of the same organizations and individuals in their credulous reporting of Barr's bare-bones, "very, very clever political document" summarizing the sprawling, two-year probe.

Rather than learning from mistakes, many in the media seem to be repeating them all over again in the wake of Barr's memo, which some justifiably regard as a "whitewash" or "cover-up" by a man who was selected by Trump, in no small part, for his previously stated opposition to the probe and to the very notion that any President can legally be charged with Obstruction of Justice. There's much more related conversation here today --- including on the substance of Barr's letter, Deputy AG Rod Rosenstein's curious complicity, and the GOP's premature victory laps --- but you'll have to tune in to listen.

Also on today's program: Though Democrats led a decisive 248 to 181 vote today (with 14 Republicans) in hopes of overriding Trump's veto of the resolution blocking his phony "national emergency" declaration, the effort fell 38 votes shy of the two-thirds majority needed. In the Senate, where 12 Republicans previously voted with Democrats, 59 to 41, to block the President previously, no override vote will now be held since a two-thirds majority vote is required in both chambers. AP described Trump's overwhelming loss in both chambers as a "victory" for the President today, and it will now be left to challenges in court to block Trump's order diverting billions appropriated by Congress to the military to instead build his border wall. Mexico is still not paying for it.

Then, in a major reversal of their previous legal position, Trump's Dept. of Justice filed documents in an appeals court Monday to support striking down the entire Affordable Care Act ("Obamacare") as unconstitutional. While Jeff Sessions served as Attorney General, DoJ had "only" supported gutting provisions that limited premium prices insurers could charge for the elderly and those with pre-existing conditions. Under Barr, however, the Administration now seeks to kill the entire landmark healthcare law. If successful, as many as 30 million Americans would lose their access to affordable healthcare coverage;

Finally, Desi Doyen joins us for our latest very busy Green News Report, as fossil fuel-related climate related disasters continue in the U.S. and around the world, while the Trump Administration plows billions of tax-payer dollars into troubled nuclear plants and the Senate GOP carries out a "sham" vote on the Green New Deal, in hopes of mocking the initiative...

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Article Categories: Texas, AP, Georgia, BRAD BLOG Media Appearance, New York Times, Mainstream Media Failure, Accountability, U.S. House, Dept. of Justice, U.S. Senate, Immigration, Health Care, KPFK, Donald Trump, Rick Perry, Nuclear power/weapons, Russia, Climate change, Extreme weather, BradCast, Rod Rosenstein, Robert Mueller, William Barr, Green New Deal

So what did you think we'd be talking about on today's BradCast? [Audio link to full program is posted below.]

On Sunday, Donald Trump's new Attorney General William Barr issued a four-page letter [PDF] summarizing the long-awaited, nearly two-year Special Counsel investigation by Robert Mueller into Russia's alleged interference in the 2016 Presidential election, Team Trump's cooperation in that effort, and Donald Trump's attempts to obstruct the probe. Mueller's effort resulted in some 35 indictments, including more than 20 Russian individuals and entities, as well as indictments, convictions or guilty pleas from six top Trump associates and staffers. It has also spawned a number of other probes and indictments, including what Barr describes as "several matters" referred "to other offices for further action."

Nonetheless, based on Barr's summary report, issued less than 48 hours after receiving what is likely to have been tens of thousands of pages from the Special Counsel, the White House, the President and his fellow GOPers are falsely characterizing the terse summary as reflecting Mueller's "complete and total vindication" of Trump. That, despite Mueller's express and specific finding (according to one of the very few passages directly quoted by Barr) that the Special Counsel's report "does not exonerate" Trump of obstruction of justice crimes. That did not prevent the White House from falsely describing Mueller's findings as "a total and complete exoneration of the President of the United States." That is the opposite of what little we know the report to have found.

If fact, while Barr claims Mueller's "investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities" (the matter which media, Democrats and Trump alike have long described as "collusion"), Mueller left the decision on whether to prosecute Trump on obstruction up to the Attorney General, according to Barr, for reasons that still remain unknown and will likely stay unknown until and if Mueller's report is actually publicly released. Congressional Democrats are justifiably demanding as much.

While we've shared no small measure of healthy skepticism over the years about what Russia did or didn't do during the 2016 election, along with what Team Trump's involvement with it may or may not have been, there is no legitimate question about Trump's attempt to obstruct Mueller's investigation of it, beyond whether or not the obstruction rose to something that was prosecutable or impeachable and whether a sitting President can be indicted under the DoJ's dubious guidelines which say he or she may not.

Of course, just about everyone seems to have an opinion about Barr's report on Mueller's report. But it should be made clear that everything we currently know is based only on Barr's own summary, compiled in less than 48 hours. It should also be made clear that Barr is wildly conflicted in this matter, as he "auditioned" for the job as Trump's new AG by sending an unsolicited 19-page memo [PDF] to DoJ last year explaining why he believed Mueller's probe was "fatally misconceived" and that, essentially, a President cannot be held criminally accountable for any "exercise of core discretionary powers within the executive branch." (That would include, for example, Trump's firing of FBI Director James Comey due to "the Russia thing," as he admitted out loud.)

That Barr and similarly-conflicted Deputy AG Rod Rosenstein were left to determine Trump's fate on this point --- and did so in less than 48 hours after a two year investigation --- is anything but what any American should consider to be "justice". But, as Mark Joseph Stern argues today at Slate, "William Barr Did What Donald Trump Hired Him to Do".

Today, we focus on the very few FACTS revealed by Barr's memo and open up our phone lines for listeners to offer a bunch of interesting takes on the events of the past 24 hours...and, as you might have guessed...even of the past three years...

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Article Categories: BRAD BLOG Media Appearance, Impeachment, Accountability, Democrats, Republicans, KPFK, Donald Trump, Russia, Election 2016, BradCast, Rod Rosenstein, Robert Mueller, William Barr

Today's BradCast kicks of with the breaking news of the announcement, just minutes before air, that Special Counsel Robert Mueller has finally wrapped up his two year investigation into alleged Russian interference in the 2016 Presidential election, cooperation in the effort by Team Trump and any obstruction of that probe by the President of the United States. Though that may be the least troubling news on today's show. [Audio link to complete shows is posted below article.]

Mueller's confidential report has now been delivered to Attorney General William Barr, as per statute, and Trump's new AG promptly notified Congress [PDF] to say he plans to release a summary of the report as soon as possible, potentially as early as this weekend. We share what we know (and don't) from that freshly breaking news at the top of today's program. Then it's back to, at least some of, our previously scheduled program...

On the day that Jimmy Carter officially becomes the longest living President in U.S. history, we're reminded of a warning he issued while serving as co-Chair, with Bush Family consigliere James Baker, of the so-called "Commission on National Election Reform" formed by a group of Republican operatives after the highly disputed 2004 Presidential election in Ohio. The Blue Ribbon panel was, ostensibly, formed to make recommendations on how to improve elections after the second disastrous Presidential election in a row, following the 2000 debacle in Florida. But while the Republicans who created the private commission had hoped for a recommendation for photo ID voting restrictions at the polling place, the one we've cited most often over the years is the Commission's unambiguous finding that the greatest threat posed to elections comes from insiders, such as election officials and private voting system vendors. "There is no reason to trust insiders in the election industry any more than in other industries," the Carter/Baker panel warned in their final report.

That warning is particularly trenchant today, with, as we recently reported, the Democratic National Committee now calling for some form of remote or online voting during their 2020 Presidential nominating caucuses next year and what has just happened with the online voting system that Switzerland has used for some time in parts of the country.

The Swiss had planned to roll out their system nationally this year, but as longtime cybersecurity and voting system journalist KIM ZETTER of MotherBoard and the New York Times reports, things did not go as well as planned.

Zetter joins us to discuss the alarming story of what happened when Switzerland, last month, opened up a month-long public hack challenge for the system which, they previously boasted, had easily passed many regular internal security checks and even several they had contracted from KPMG, an international auditing giant.

But, as Zetter recently detailed at MotherBoard, the Swiss system, designed by Barcelona-based Scytl --- "a leader in developing various internet and other voting solutions for national or regional elections in 42 countries, including at least 1,400 counties in the US" --- was almost immediately found by independent researchers to feature "a critical flaw in the code that would allow someone to alter votes without detection ... in a part of the system that is supposed to verify that all of the ballots and votes counted in an election are the same ones that voters cast." That flaw, Zetter details, "could allow someone to swap out all of the legitimate ballots and replace them with fraudulent ones, all without detection."

As she tells me today, the failure is even more troubling than that, as it allows for a single insider to exploit a "back door in the cryptography scheme, that would allow someone to alter votes but make it look like the votes haven't been altered at all." In other words, "the system is supposed to have a check in it that's designed to ensure that the ballots that go into that encryption process and come out of that de-cryption process are the exact same ballots. But there's a flaw in that proof that verifies that those ballots are the same. Therefore, that would allow someone to swap out the votes and ballots while the proof still seemed to show that the ballots were the same."

Swiss Post, which runs the system, and Scytl who sells it, claim the exploit could "only" be carried out by an insider, so why worry?

So how are those plans coming for remote voting in the DNC's 2020 Presidential caucuses next year? And how can it be that we keep attempting these same unworkable electronic and online voting schemes from private vendors and election officials who swear by the "certified" security of their systems, only to find they are anything but secure once independent experts are allowed to test them in any way?

"We should have a voting system where we're not required to trust anyone --- we're not required to trust election officials, we're not required to trust the vendors, we're not required to trust the voting machine itself," Zetter, who has been covering electronic voting and tabulation systems on her national cybersecurity beat for more than a decade, tells me. "We should have a system that can be audited independently of all of those parties in order to verify the election results. That's really in the best interests of everyone." What such a system should be, of course, is another matter, which we also discuss, and even debate a bit, on today's important program...

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Article Categories: Election 2004, BRAD BLOG, Election Reform, BRAD BLOG Media Appearance, ACVR, Election Fraud, National Security, DNC, Jimmy Carter, Paper Ballots Legislation, Touch-Screen DREs/BMDs, Dept. of Justice, Internet Voting, KPFK, Donald Trump, SCYTL, Russia, Election 2016, BradCast, Election 2020, Robert Mueller, Switzerland, William Barr

All of the news you need to know today, and nothing you don't. Among the many important stories covered on today's BradCast [Audio link to complete show is posted below]...

• New Zealand bans military-style assault weapons less than one week after a white supremacist terrorist massacred 50 worshiping Muslims at two mosques in Christchurch. That was easy. Must be nice to not be enthralled to decades of NRA propaganda and the tens of millions of dollars they are allowed to use to bribe politicians in the U.S., where even a Congressional vote on background checks has been verboten by Republicans;

• Record flooding continues to swamp the upper Midwest, as the National Weather Service warns the catastrophic floods will be moving south and inundating states as water makes it way toward the Mississippi Delta where some areas have already been fighting with rising waters since last month;

• All of that before we even get to the spring rainy season, about which the National Oceanic and Atmospheric Administration (NOAA) warned on Thursday could bring widespread "unprecedented flooding" to most of the nation amid climate change-accelerated storms;

• But there is much better news out of a court in Wisconsin where a state judge today blocked the GOP-controlled state legislature's unprecedented lame duck power-grab passed during an "extraordinary session" called last December to take power from the incoming Democratic Governor and Attorney General following the defeat of Republican Gov. Scott Walker by state voters in November. The judge ruled the session itself, called by just eight Republicans in the state House and Senate, unconstituionally declared and therefore, the three sweeping power-grab bills and last-minute confirmation of 82 Walker appointees before Democratic Gov. Tony Evers and Attorney General Josh Kaul could take over, are all now struck down. The victory for state voters and democracy lovers also means the Badger State may now withdraw from a multi-state lawsuit joined by the previous GOP administration challenging the Constitutionality of the Affordable Care Act ("ObamaCare"). GOPers in the state legislature have promised to appeal the ruling;

• The Commandant of the U.S. Marine Corps issued blistering memos this week warning that Donald Trump's deployment of troops to the U.S.-Mexico border and his "emergency" declaration has undermined troop readiness, national security and placed the well-being of the Corps at an "unacceptable risk". Gen. Robert Neller charges, according to the documents obtained and published today by the L.A. Times, that "unplanned/unbudgeted" deployment to the border last year and the shift of funding to border security efforts has resulted in cancellation of military exercises across the globe and has compromised "combat readiness and solvency". The unusually strong comments, according to military experts, critically cite the delay of urgent repairs needed at bases damaged by hurricanes last year in North Carolina and Georgia, with the new hurricane season just months away for "Marines, Sailors, and civilians working in compromised structures". All of that as Trump touted his support for the military on Wednesday night at a plant in Lima, Ohio which manufacturers tanks that the Pentagon has said they neither need nor want;

• All of this also follows on Trump's announcement last month that he is pulling the U.S. out of the 30-year old Intermediate-Range Nuclear Forces (INF) Treaty struck between Reagan and Gorbachev in 1987, leading to the destruction of thousands of nuclear-tipped missiles on both sides after the landmark Cold War era pact was signed. Russia has said they will now follow Trump's lead in abandoning the treaty and, according to Pentagon officials, the U.S. is now preparing flight tests this summer for two types of non-INF compliant missiles that would have been long-banned under the treaty. Let the arms race begin again!;

• Finally, Desi Doyen joins us for the latest Green News Report on the staggering cost to date of the deadly flooding in the upper Midwest, the toxic chemical inferno this week in Houston, Trump's new EPA chief blowing off concerns of global warming, 2020 Dems demanding action on same, and a very encouraging ruling on oil and gas drilling in Wyoming from a federal judge who has ordered that the government reconsider its environmental assessment of drilling on public lands to account for the cumulative threat of fossil fueled climate change due to man-made greenhouse gas emissions...

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Article Categories: Mississippi, Texas, BRAD BLOG Media Appearance, National Security, Wisconsin, Wyoming, Environment, Dept. of Defense, Health Care, Republicans, Nebraska, EPA, KPFK, Elizabeth Warren, Natural gas, Nuclear power/weapons, Scott Walker, Russia, Oil, Climate change, Extreme weather, NRA/Gun Violence, BradCast, Election 2018, NOAA, Tony Evers, Green New Deal, New Zealand, Pete Buttigieg

On today's BradCast, the fight to vote, particularly in Florida, never seems to end --- even after a huge bi-partisan majority of voters in the state voted to change their Constitution last November to re-enfranchise more than a million of their fellow citizens. [Audio link to show is posted below.]

Following decades of post-Civil War Reconstruction/Jim Crow-era lifetime prohibitions on former felons voting in the Sunshine State, voters last fall overwhelmingly adopted Amendment 4 to their state Constitution. The statewide ballot referendum, adopted with nearly 65 percent of the vote, restores full voting rights to former felons who have completed their sentence, including probation and parole. The only exception to the long-overdue landmark measure is for those convicted of murder or felony sexual offenses.

Moreover, the measure --- placed on the ballot after 800,000 signatures were collected across the state by the non-partisan Florida Rights Restoration Coalition, as part of a years-long effort --- was to be self-executing. In other words, as of January 1, 2019, the amendment went into effect, without any supporting legislation necessary. That means as many as 1.5 million former felons, at long last, have begun registering to vote to take part in their own representative democracy, finally ending the state's shameful, decades-long prohibition. This week, however, after introducing a bill on Friday, Republicans in the state legislature have begun speeding a new measure through the GOP-controlled state House of Representatives to add new restrictions on the Constitutional Amendment, limiting which former felons it would apply to and, as critics charge, adding what amounts to an unconstitutional "poll tax" that many former felons would have to pay before being allowed back on the rolls.

The ACLU of Florida derides the new legislation, which was approved in a House sub-committee along party lines on Tuesday, as "an affront to Florida voters", raising "serious constitutional concerns" which "thwart the will of the people and extend far beyond what any reasonable person would conclude the voters intended when they passed Amendment 4".

We're joined today by DR. MICAH W. KUBIC, Executive Director of ACLU Florida, to explain how state Republicans are attempting "to create new barriers and burdens" to the "crystal clear" language of the referendum, which, he notes, the Supreme Court of the State of Florida already approved before it was placed onto the ballot last year. Lawmakers "are changing the process completely, and changing it in a way that had never been used in the state of Florida before," Kubic tells me. "They're rewriting the amendment, they're rewriting the process that has been used throughout Florida, and they're creating a special set of conditions that only apply to ex-offenders that don't apply to anyone else."

"What is important here is to remember the experiences of the 1.4 million people who have been disenfranchised for decades, for generations, in Florida. Who have been told that they are not part of our community, essentially. Because remember, that's what the right to vote is really about --- going in to the ballot box and voting for a Democrat or a Republican or a Libertarian or anyone," Kubic argues. "The right to vote is really a marker of citizenship. It's a marker of who counts and who doesn't, who matters, who doesn't, who is part of the community and who is not."

We discuss with Kubic the way GOP lawmakers are attempting to expand the definition of "sexual offenses", and adding new requirements --- above and beyond fines imposed by judges during sentencing --- that many ex-offenders will simply be unable to pay. Given the national importance of Florida in next year's crucial Presidential election, it may come as little surprise, sadly, that GOP lawmakers are now hoping to undermine even their own voters' approval of last year's landmark ballot measure.

Also on today's program, speaking of next year's elections, a bit of 2020 Democratic primary news. Beto O'Rourke rails against discriminatory Photo ID voting restrictions and other types of voter suppression during a New Hampshire campaign swing. And we discuss the veracity of possible 2020 Presidential candidate and Georgia's former Democratic gubernatorial nominee Stacey Abrams' recently reported assertion that she "did win" her election last November after all, against former vote-suppressing Sec. of State turned Governor Brian Kemp, but "just didn't get to have the job."

Given the widespread voter suppression under Kemp's supervision last year, some 125,000 votes said to be missing entirely (and in disproportionately black neighborhoods) from the Lieutenant Governor's race, and that the state still forces voters to use easily-manipulated, oft-failed 100% unverifiable touchscreen voting systems at the polling place, Abrams' assertion is far more supportable than some elections experts seem to fully appreciate.

Of course, the ongoing controversy --- and Kemp's questionable legitimacy as the state's new Governor --- underscores our many years of warnings about the use of voting systems that do not allow candidates or the public to ever know who actually won or lost any given election. It's also another teachable moment regarding the alarming fact that even more jurisdictions around the nation --- from California to Texas to Georgia to Pennsylvania, Ohio, New Jersey, Kansas, Delaware and beyond --- are now, astonishingly enough, moving to adopt similarly unverifiable computer touchscreen voting systems in advance of the 2020 election!

Finally, we end with what appears to be a bit of very good news, as a federal judge issued a ruling Tuesday night that blocks for now, oil and gas drilling on almost 500 square miles of public lands in Wyoming, after finding the U.S. government unlawfully failed to consider the cumulative effect of climate change causing greenhouse gas emissions in their environmental impact studies when approving oil, gas and coal projects on federal lands. One of the plaintiffs in the case hailed the judge's finding, which may affect other fossil fuel leases on federal lands far beyond Wyoming, as "the Holy Grail ruling we've been after"...

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Article Categories: Florida, Election Reform, Texas, Georgia, BRAD BLOG Media Appearance, Rights And Freedoms, Touch-Screen DREs/BMDs, Photo ID Laws, Wyoming, Environment, Voter Registration, Democrats, Republicans, KPFK, Natural gas, Coal, Oil, Climate change, Extreme weather, BradCast, Public lands, Election 2018, Election 2020, Brian Kemp, ACLU, Beto O'Rourke, Stacey Abrams, Felony Disenfranchisement

On today's BradCast, climate change slams Trump Country (again), several 2020 Democratic candidates call for structural change to our electoral system, some elected jerk in Missouri wants government to mandate everyone purchase an AR-15, and we continue to help you make sense of it all --- or, at least, try to make sense of it for ourselves. [Audio link to full show is posted at bottom of summary.]

Donald Trump responded to catastrophic record flooding in Nebraska, Missouri, Iowa and several other states by sending his Vice President Mike Pence to check it out today. In just Nebraska, damage to the agriculture industry alone is expected to near $1 billion. Had the President himself gone, he might have seen, first hand, yet again, how climate disruption has begun to wreak devastating and costly havoc on virtually every area of the U.S. at this point.

He might also have seen how two military bases --- one of them the headquarters for Strategic Command, which oversees our nation's nuclear arsenal --- have been devastated by floodwaters, despite recent upgrades after a "one thousand year flood" back in 2015 and devastating tornadoes in 2017. The flood walls built after 2015 have failed, as have dozens of levees in state after state as the waters of the Missouri and Mississippi Rivers continue to rise several feet above record flood levels.

Those fossil fueled disasters are of a piece with multiple recent reports by Trump's own scientific, military and intelligence agencies warning of the catastrophic effects of climate change, including last November's National Climate Assessment, a Pentagon report on the national security threat posed by climate change in January and, just weeks later, the U.S. Intelligence Community's annual consensus World Threat Assessment. Trump responded to the November report last year by saying: "I don't believe it". In response, the White House is reportedly preparing a commission to rebut to those reports, headed up by a climate science-denying retired physics professor named William Happer, who believes more CO2 in the atmosphere is beneficial, not a menace. He also compares the "demonization" of C02 by climate scientists to Hitler's demonization of the Jews. Seriously.

In other, slightly less insane news related to moving beyond our ongoing national Presidential nightmare, two 2020 Democratic Presidential candidates this week, Sen. Elizabeth Warren at a CNN townhall in Mississippi and Mayor Pete Buttigieg in an interview with Washington Post, have called for the Electoral College to be abolished. We discuss and explain why that may or may not be such a smart idea --- whether done via a Constitutional Amendment or statutorily via the National Popular Vote Interstate Compact --- or, at least something for which Dems may want to be careful what they wish for.

Next, a Missouri state lawmaker has introduced two bills that would force every Missourian over 21 in the state to own either an AR-15 or a handgun or both. Don't worry, there will be tax credits available to help you meet the mandate. The legislators name is Rep. Andrew McDaniel (R-Deering) in case anybody feels like taking this idiot on at the polls in 2020.

And then we share a few emails from listeners who strongly disagree with our conversation on yesterday's program with Slate's Mark Joseph Stern about the benefits of Daylight Saving Time, the cold, dark, endless nights of Standard Time and how wrong everybody is that feels otherwise. Those listeners who disagree with us --- despite their very interesting emails --- are, of course, entirely wrong.

Finally, Desi Doyen joins us for the latest Green News Report, filled with one deadly fossil fuel-related climate and environmental disaster after another from just the past several days, while finishing with some much more hopeful news for the future as millions of kids around the world skipped school last Friday to march in Climate Strikes around the globe, calling for action on global warming while vowing to keep the pressure on elected officials who, so far, have failed us all...

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Article Categories: Election Reform, Texas, Iowa, BRAD BLOG Media Appearance, National Security, Missouri, U.S. Constitution, Environment, Dept. of Defense, Democrats, Republicans, Nebraska, KPFK, Donald Trump, Elizabeth Warren, Oil, Climate change, Extreme weather, NRA/Gun Violence, BradCast, Exxon Mobil, Election 2020, Green New Deal, Greta Thunberg, Pete Buttigieg, William Happer

We're happy to have the long-overdue return of great legal journalist MARK JOSEPH STERN of Slate on today's BradCast! As usual, we cover a whole bunch of important topics at lightning speed [Audio link to today's show is posted at end of article.]

But first, some quick news headlines on the record flooding of the Missouri River now wreaking havoc, evacuations and several deaths in parts of Nebraska, Iowa and Missouri. Damage has also affected a number of military bases, despite Donald Trump's recent plans to form a "Blue Ribbon Commission" of climate science deniers to rebut military assessments about the serious dangers of climate change posed to national security and military facilities.

Also, some interesting background info today on 2020 Democratic Presidential primary candidate Pete Buttigieg, Mayor of South Bend, Indiana as well as his position on climate change and the Green New Deal. And, some news today that recently-declared 2020 Presidential hopeful Beto O'Rourke raised a jaw-dropping $6.1 million in the first 24 hours after entering the race last week, exceeding Bernie Sanders' previous record haul of $5.9 million a few weeks earlier. Both candidates blew away all other current Democratic contenders so far with those numbers --- for what it's worth.

Then, we're joined by Stern to catch up on a boatload noteworthy legal issues moving through the federal and state court systems. Among them...

The 5th U.S. Circuit Court of Appeals, late last week, upheld lower court rulings ordering a State Senate district in Mississippi found to have been a racial gerrymander to be redrawn before the state's off-year 2019 elections. That, as the U.S. Supreme Court today heard a confusing oral argument regarding 11 racially gerrymandering districts in Virginia, where lower courts have already ordered new maps to be drawn in advance of 2019 state legislative elections likely to determine whether Democrats regain majorities in either or both chambers of the state legislature.

And all of that comes in advance of a SCOTUS hearing next week regarding partisan gerrymanders in several others states before the 2020 elections, when control of both Congress and many state legislatures will be up for grabs before the redistricting that will follow the 2020 Census to help determine balances of power in all 50 states and Congress for the next decade.

Stern describes all of this as the nation finding itself in the middle of an all-out "gerrymandering brawl...a kind of legal convulsion over how much our lawmakers can draw partisan district lines to swing elections in their favor." He cautions that racial gerrymanders --- long ago found to be unconstitutional --- may not be found as such anymore in the GOP's new, stolen Court. And that the question of partisan gerrymandering, which Justice Anthony Kennedy could have ended before retiring, is now a complete unknown. "The whole thing is upside-down, inside-out," he tells me, warning to "be afraid. Be very afraid" of Justice Clarence Thomas' varying and bizarre "back and forth" positions on these matters.

Stern offers slightly better news for us regarding the last-ditch appeal of a previously blocked law created by disgraced GOP "voter fraud" fraudster Kris Kobach, the former Sec. of State of Kansas and failed 2018 Republican Gubernatorial candidate. That law, repeatedly found by lower courts to be unconstitutional, had blocked tens of thousands of legal Kansas voters from being able to register to vote without presenting proof of citizenship first. All, as the trial court judge found in 2016, to prevent what amounted to 11 votes by non-citizens cast between 1999 and 2013 out of tens of millions of votes cast by the state's 1.76 million registered voters.

Meanwhile, in Connecticut late last week, the state's Supreme Court made what Stern describes as a "stunning" ruling in a suit brought by parents of children killed in the 2012 gun massacre at Sandy Hook Elementary School. The case is filed against gun manufacturer Remington, makers of the Bushmaster AR-15 style weapon used to gun down 20 school kids and 6 adults. The court held, as Stern explains, that plaintiffs may move forward with their suit against the company, despite a unique federal law that otherwise grants completely immunity to gun manufacturers for the use of their deadly products. The suit is being brought under a state statute which, plaintiffs argue, allows them to sue Remington for irresponsibly dangerous advertising of the Bushmaster rifle. The state high court's ruling will now allow the case to continue and for plaintiffs' important discovery access to internal communications by the manufacturer, the gun industry and its advertising firms.

We also discuss a recent disturbing ruling from the 6th U.S. Circuit Court of Appeals on an Ohio state GOP law that blocks all funding to Planned Parenthood. Stern describes the ruling as a foreboding omen for what he sees as the likely full dismantling of Roe v. Wade at SCOTUS, already under way, he charges, by "a thousand cuts" at the lower court level in several states where Trump appointees are quickly filling vacancies on federal benches.

And, finally, the most important issue of all today (obviously): "The evils of Standard Time", the awesomeness of Daylight Saving Time, and those who are completely wrong in hating it, as well as the many, as Stern recently reported, who do not seem to even have an understanding of what it is! (Versus Standard Time that actually ruins everybody's lives for months on end by keeping us all in dangerous and debilitating darkness all winter long!)...

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Article Categories: Ohio, Mississippi, Iowa, BRAD BLOG Media Appearance, Virginia, Connecticut, Missouri, Rights And Freedoms, Kansas, Voter Registration, Dept. of Defense, Nebraska, U.S. Supreme Court, Clarence Thomas, KPFK, Donald Trump, Bernie Sanders, Voting Rights Act, Climate change, Extreme weather, NRA/Gun Violence, Kris Kobach, BradCast, Kamala Harris, Election 2020, Gerrymandering/Redistricting, Beto O'Rourke, Pete Buttigieg

On today's BradCast, we're sending up a warning flare, a red flag, hoping to raise your attention to the very troubling plans by Democrats to begin the use of online voting, in some form, along with their 2020 Presidential caucuses next year! [Audio link to show is posted at end of article.]

But first, It was a very dark day in New Zealand on Friday, as a white supremacist unleashed a terror attack on two Muslim mosques in Christchurch, killing at least 49 in the massacre, with dozens still in the hospital, many in critical condition. But it was a much brighter day elsewhere around the globe as inspiring "school strikes" took place in more than 100 cities, with children walking out of class to march in protest for action on climate change from the South Pacific to the edge of the arctic circle, from San Francisco to D.C., from Spain to Berlin, from Africa to Poland and beyond.

Hundreds of thousands of young protesters inspired by 16-year old Swedish activist Greta Thunberg --- who began her own solitary school strike last year and is now nominated for a Nobel Peace Prize --- took to the streets, demanding immediate action from politicians to help save all of our futures by curbing man-made fossil fuel emissions which, as scientists have warned for decades, are dangerously warming the global climate and speeding the planet toward catastrophic danger.

Then --- in hopes of replacing ineffective politicians and climate science deniers --- we move to U.S. elections, where even Rightwingers (at least some of them) in Georgia now understand the perils of touchscreen computer Ballot Marking Devices. The rightwing group FreedomWorks has joined the fight against BMDs in the Peach State, where vote-suppressing Republican Governor and former Sec. of State Brian Kemp has lobbied state legislators hard to replace the state's 17-year old, easily-hacked, oft-failed 100 percent unverifiable touchscreen voting system with all new unverifiable touchscreen BMD systems at a cost of at least $150 million.

The bill to enact this boondoggle, HR316, will see one more vote for approval in Georgia's House before it's sent to the Governor's desk. Today, we share some of the lobbying efforts against the measure by Lt. Col. Tony Shaffer who is, believe it or not, a cybersecurity expert and National Security Advisor for Trump 2020. He is calling for hand-marked paper ballots in Georgia and in other states --- such as Pennsylvania, Ohio, New Jersey, Delaware, Texas, Kansas and California --- where county election officials are handing millions to private voting system vendors for unverifiable, unnecessary systems that cybersecurity and voting system experts strongly warn against.

Finally --- speaking of unheeded warnings --- we are joined today by STEVEN ROSENFELD of the Independent Media Foundation's Voting Booth project, to sound the alarm about the Democratic National Committee's new requirement for caucus states to implement some form of remote voting during their 2020 nomination contests.

The new mandate is part of DNC reforms adopted last year, following the disastrous 2016 Presidential election when cyberattacks and the release of stolen emails undermined both Party leadership and Hillary Clinton's campaign. While last year's Party reforms urge states to move from caucus systems run by private state parties to primary elections managed instead by state and county election officials, the new requirement to allow access to caucuses for those who cannot attend in person has left state Democratic Parties looking toward various forms of online, telephonic and smartphone voting options to enact in conjunction with in-person caucusing.

Rosenfeld is currently one of the very few journalist reporting on the disturbing potential plans by Democrats in Iowa, Nevada and elsewhere to contract with private companies for some form of online caucus voting. "It's part of having the party be more inclusive and participatory," he tells me, cautioning "It's not clear how it's going to be done. This is all being developed right now." And, he warns, "vendors themselves will do this stuff for next to nothing to try to show proof of concept."

Of course, that proof of concept will be in a live, Presidential caucus election! He details just some of the many disastrous and chaotic past efforts at such schemes that "didn't go so well" --- colossal online voting failures by the Utah GOP in 2016 and 2018, stolen or corrupted online party elections in Canada, for example --- in hopes of warning about what could very well be a looming disaster waiting for Democrats in caucus states next year.

Rosenfeld says he's been speaking with Democratic officials "trying to let people know what they're headed into," and says, "I don't think they were aware --- the Democrats that I talked to on the DNC --- of these other examples" of failed elections using this new, largely untested technology.

But with already-complicated caucus systems, 20 or so candidates who could be on the ballot, and the most important election of our lives hanging in the balance, what could possibly go wrong with the addition of new, untested remote voting schemes added to the mix? Now might be a very good time to start paying attention to some of the disturbing answers to that troubling question...

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Article Categories: ES&S, Election Irregularities, BRAD BLOG, Election Reform, Utah, Georgia, Iowa, BRAD BLOG Media Appearance, Election Fraud, DNC, Touch-Screen DREs/BMDs, Environment, Democrats, Republicans, Nevada, Internet Voting, KPFK, Climate change, NRA/Gun Violence, Election 2016, BradCast, Race, Election 2020, Green New Deal, New Zealand, Greta Thunberg

They were just baby steps. Though perhaps notable ones. Time will tell. But Thursday may prove to be a landmark in a potential and greatly-overdue claw back of Congressional powers ceded long ago --- long before Trump --- to the Executive branch. Whether the actions taken by Congress (including no small number of Republicans) on three separate issues today signal a sea change in the way Congress regards its own Constitutionally co-equal mandates and powers remains to be seen. But their rebukes of President Trump were surprisingly clear. Three different Congressional votes on three different matters covered on today's BradCast underscore this issue. [Audio link to show follows below.]

1) On Wednesday night, the GOP-controlled Senate voted once again in support of a resolution to end financial and military support to the U.S.-enabled, Saudi-led war on Yemen that has resulted in an unparalleled humanitarian crisis. The effort amounts to the first Congressional rebuke of a President under the War Powers Resolution since its adoption in 1973. But the invocation of a resolution under the legislation which cedes Congress' sole Constitutional power to declare war may not be enough to prevent the Trump Administration's promised veto and continued support of war-making with the murderous Saudi regime and its Crown Prince Mohammad bin Salman.

2) On Thursday morning, the Democratic led U.S. House voted unanimously(!), 420 to 0, on a resolution to demand the public release of the final report by Special Counsel Robert Mueller, whenever that may happen, after it's delivered to Attorney General William Barr. The statute guiding the duties of the Special Counsel was adopted by Congress in 1999, but mandates only that the Special Counsel deliver a "confidential" report to the AG. Congress failed to specify whether that report must ever be released to the full Congress, much less the public.

3) After recent passage in the Democratically controlled House, the U.S. Senate on Thursday voted 59-41 --- including all Democrats and 12 Republicans --- to reject Trump's "National Emergency" declaration to steal money appropriated by Congress to the military in order to build his southern border wall. It's the first time since the National Emergencies Act of 1973 that Congress has exercised its option to try and block such a declaration. The effort comes after a week of intense lobbying of Senate Republicans by the White House to block the resolution, and by Senate Republicans to convince Trump to accept a compromise alternative or face an embarrassing rejection from his own party. Nonetheless, Trump has vowed to veto the resolution and there are not currently the two-thirds of members in each chamber to override Trump's veto. The matter will most likely be settled in court and, as we argue today, very likely in favor of the President, given the way the Act was written (also ceding more Congressional powers to the Executive Branch.)

If the nation is lucky, however, today could mark a turning point after decades of Congress giving away its powers. But our nation hasn't been very lucky of late.

Also on today's news-packed program...

• Beto O'Rourke jumps into the 2020 Democratic Presidential free-for-all. We discuss.

• And, in Wisconsin, still more (shameful) evidence that Republican Photo ID voting restrictions were adopted as little more than a (successful) scam to suppress the Democratic-leaning vote in the Badger State. A new report from all of Wisconsin's county election clerks finds just 24 cases of potential voter fraud out of some 2.7 million votes cast over the past year. ZERO of those cases, according to the Wisconsin Elections Commission, would have been prevented by the state's Photo ID voting restrictions. On the other hand, as we learned back in 2017, some 23,000 legal voters in just two WI counties alone were deterred from voting by the suppressive law in 2016. That was the year that Donald Trump reportedly won the state by 22,748 votes.

• Finally today, Desi Doyen joins us with the latest Green News Report on the Trump Administration's wasted billions in taxpayer dollars in rolling back climate policy regulations and how school strikes by kids around the globe and the recent introduction of the Green New Deal is now forcing fossil fuel industry executives to rethink their loathsome, planet-killing business strategies...

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Article Categories: BRAD BLOG Media Appearance, Election Fraud, Rights And Freedoms, U.S. Constitution, Wisconsin, Photo ID Laws, U.S. House, Dept. of Justice, U.S. Senate, Immigration, Democrats, Republicans, Yemen, BP Oil Disaster, KPFK, Donald Trump, Climate change, Election 2016, BradCast, Saudi Arabia, Shell Oil, Election 2018, Election 2020, Robert Mueller, Beto O'Rourke, William Barr, Green New Deal

On today's BradCast: Democrats propose a new tax on Wall Street traders that could both put the brakes on market volatility that threatens the investments of average Americans, while raising billions of much needed dollars for the federal government. [Audio link to show follows below.]

But first, some good news for the nation out of California. Newly elected Democratic Governor Gavin Newsom has now signed an executive order placing a moratorium on the state-sanctioned killing of some 737 individuals on the state's death row. Describing the death penalty as "discriminatory" and a "failure" that has resulted in the deaths of "wrongly convicted" people proven innocent, while costing the state billions of dollars, the Governor has now blocked the barbaric planned executions of about one quarter of those slated to be killed by governments across the nation.

"It’s a very emotional place that I stand," Newsom said at a presser today, "This is about who I am as a human being, this is about what I can or cannot do. To me this is the right thing to do." As we discuss, it's not the first time that Newsom, as a public official, has placed doing the right moral thing over what may or may not be politically popular, at the moment, among the electorate.

Back in Washington D.C., Donald Trump's former campaign chairman Paul Manafort was sentenced to an additional 73 months for criminal conspiracy fraud and witness tampering on Wednesday. Some of those months will be served concurrently with the 47 months he was sentenced to last week in a Virginia federal court related to undisclosed lobbying for a pro-Russia political party in Ukraine. With the partially concurrent sentencing, the 69-year old Manafort now faces nearly seven years in prison.

While none of the 20 or so federal counts in two different courts that Manafort was found guilty of had charged "collusion" with Russia for interference in the 2016 election, his attorney and Donald Trump used the occasion once again to lie about that fact to the American public today. But just minutes after today's new sentencing, Manhattan's District Attorney announced 16 new indictments against Manafort in state court related to mortgage fraud and more than a dozen other crimes for which, if found guilty, the President would be unable to pardon him. Trump's pardon power extends only to federal, not state crimes.

As the madness surrounding our criminal Presidency continues, Democrats in Congress are pushing ahead with a number of progressive policy proposals in advance of 2020 to hopefully help pull the nation out of its current self-imposed morass and rebalance some of the worsening inequities between the wealthy, the poor and the middle class. Senator Brian Schatz (D-HI) and Congressman Pete DeFazio (D-OR) have now introduced new legislation that would create a very small, 0.1%, Financial Transaction Tax (FTT) on every stock market transaction. The bill [PDF] --- which already has a number of Democratic cosponsors in the House and Senate, including among Presidential hopefuls --- is estimated to raise as much as $800 billion in much-needed revenue for federal coffers over ten years. As importantly, the measure is designed to ease market volatility by curbing the legalized skimming that takes place by high volume computer traders who purchase trades from normal investors and sell them back to the investors at a higher rate, all within a fraction of a second.

The legislation is supported by some 60 non-partisan good government organizations, including Public Citizen. Attorney SUSAN HARLEY, Deputy Director of the group's Congress Watch division, joins us today to explain this new move toward an FTT that would cost traders one-tenth of a cent per dollar traded. That's $1 for every thousand invested or, as Harley explains, "Ten cents out of every 100 dollars traded. That's why we like to talk about it as rebuilding Main Street on Wall Street's dime."

"We do pay taxes on all of our purchases," she tells me. "so Wall Street should be doing the same as far as these stocks trades, bond trades, and derivative trades. It absolutely is about fairness, about making sure Wall Street is paying back the US because we did bail them out for the financial crash."

She details how the proposal is ultimately a very progressive tax, even as it's very small, because it would largely fall on the wealthy. "We've really got to re-balance our tax code, and unrigging our economy starts with making Wall Street pay its fair share. The top 1% of society owns two thirds of all financial securities."

"We did research on existing fees --- things like commission, overhead costs, broker fees. The Financial Transactions Tax would be only about $80 for the average 401k or retirement saver, versus more than $1000 in existing fees. That's just the average. Some funds have existing fees of more than $2500 dollars. So, it really is a drop in the bucket as compared to the existing commissions and other types of ways that Wall Street is taking it out of the pocket of average investors."

Harley discusses both the legislation's challenges and growing political support on Capitol Hill, where the Trump/GOP 2017 $1.5 trillion tax cut, largely for corporations and the wealthy, has resulted in record trillion dollar annual deficits and a recent budget proposal by Trump to cut more than a trillion dollars from social programs like Medicare, Medicaid and Social Security. (He had vowed to not cut those programs during his 2016 campaign, while suggesting that Democrats would do so.)

Finally, speaking of progressive policy proposals, the recently introduced Green New Deal is already paying off. Rightwingers have been freaking out about it, and lying about it, but they are also scrambling to respond after realizing its huge popularity among the electorate and how silly they look. Several longtime climate science deniers, including Trump acolyte and accomplice Rep. Matt Gaetz (R-FL), are now taking baby steps by conceding that "climate change is real" and "humans contribute". Soon they may even notice that, according to climate scientists, human activity is actually responsible for 100% of the warming we've seen to date. But, hey, it's a start...

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Article Categories: California, BRAD BLOG Media Appearance, New York, Rights And Freedoms, Accountability, Death Penalty, Dept. of Justice, Economy, KPFK, Donald Trump, Bernie Sanders, Russia, Election 2016, IRS/Taxes, BradCast, Gavin Newsom, Brian Schatz, Paul Manafort, Green New Deal, Matt Gaetz, Wall Street, Peter DeFazio

On today's BradCast: Some good reporting, some bad politics, and some accountability on the horizon. [Audio link to today's show follows below.]

Among the many stories worth your while covered on today's program...

• Democratic House Speaker Nancy Pelosi seems to take impeachment "off the table", just as she did back in 2006 during the George W. Bush regime, asserting this time that, "Impeachment is so divisive to the country that unless there's something so compelling and overwhelming and bipartisan, I don't think we should go down that path, because it divides the country. And he's just not worth it." It was a mistake during the Bush era, and its a mistake now. Perhaps not a political one --- at least as she and many Democrats may see it --- but a mistake for the nation and its long term well-being. We discuss and explain why;

• While he may (or may not) be safe from impeachment, Donald Trump's legal troubles are getting no better. New York state's recently elected Attorney General has now reportedly subpoenaed Duetsche Bank and other financial institutions related to a number of Trump projects where, according to recent testimony by his former personal lawyer Michael Cohen, Trump exaggerated his wealth on financial statements in order to fraudulently borrow money for real estate and other projects;

• Speaking of subpoenas, federal investigators are now said to finally be investigating Republican election fraud in North Carolina, where a GOP absentee ballot fraud scheme resulted in the nullification of last November's U.S. House election --- and a new one now scheduled --- in the state's 9th Congressional District. The State Board of Elections had requested a federal probe following apparent GOP absentee fraud in the 2016 election, but Trump's U.S. Attorney in NC appears to have ignored the request, paving the way for the same fraud scheme to be repeated during 2018 cycle. McCrae Dowless, the contractor who carried out the fraud, as hired by GOP candidate Mark Harris, has already been indicted on state charges. But Harris, so far, has escaped accountability at both the state and federal levels. His campaign has now been subpoenaed by the feds. Stay tuned;

• The Trump Administration evacuated the last of the remaining U.S. diplomats in Venezuela on Monday night, saying their presence in the country has become a "constraint" on U.S. policy there, whatever that may ominously mean. Top Trump officials have been threatening the administration of President Nicolas Maduro for several months since opposition leader Juan Guaido declared himself to be President of the nation in turmoil. Since late last week, power outages have crippled the country, with each side blaming the other and Maduro charging the U.S. has sabotaged the power grid with cyberattacks.
  
  But some excellent reporting by the New York Times over the weekend reveals, yet again, that many of the claims against Maduro being made by Trump Administration and supportive Republicans in Congress like Sen. Marco Rubio, are based on completely false information. On Sunday, the Times published a video report revealing that claims by Trump officials from National Security Advisor John Bolton to Sec. of State Mike Pompeo to Vice President Mike Pence and, yes, Rubio, charging that Maduro's forces set fire to aid trucks coming from Colombia are inaccurate. In fact, as the Times' unearthed video reveals, it was protesters in support of Guaido on the Colombian side of the border who caused the fires. This is just one more reason to be skeptical about Trump's intentions in the troubled South American nation (and media reports of same) as his own political fortunes worsen at home.
  
  And, in case you don't find Rubio wrong enough in his false claims about the aid trucks, just wait until you hear what the dumb cluck charged over the weekend regarding an explosion at the 'German Dam' in Bolivar State!;

• Finally, Desi Doyen joins us for the latest Green News Report, with news on the oil, gas and mining lobbyist Trump has now officially nominated to head the U.S. Interior Dept; news on Wyoming Republicans bailing out their coal industry; how Bernie Sanders was right about climate change and the media as long ago as 1989; and this Friday's plans for school children in more than 90 countries to strike in demand of action on climate change, thanks to the inspiration of Swedish teen climate activist Greta Thunberg...

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Article Categories: North Carolina, BRAD BLOG Media Appearance, Election Fraud, New York, Impeachment, Wyoming, John Bolton, Accountability, Dept. of Justice, Democrats, Republicans, Nancy Pelosi, Vote-by-Mail, KPFK, Bernie Sanders, Coal, Climate change, Marco Rubio, Venezuela, BradCast, Adam Schiff, Mike Pence, Dept. of Interior, Election 2018, Mike Pompeo, Trump Organization, Mark Harris, McCrae Dowless, Letitia James, David Bernhardt, Green New Deal, Greta Thunberg

On today's BradCast, we're experiencing a sense of deja vu from this very same fight the last time Congress allocated hundreds of millions for new electronic voting systems in the U.S. [Audio link to show is posted below.]

A serious "design flaw" in a previously certified computer voting system is finally acknowledged on Friday by New York State's top election official, after several different warnings on the matter were issued in recent months by computer security and voting systems experts at Princeton and Georgia Tech.

The vulnerability has resulted in Douglas Kellner, the co-chair of the NYS Board of Elections, calling for a reexamination of the ImageCast Evolution (ICE) computer Ballot Marking Device (BMD), which both prints ballot selection on a paper and then scans that ballot to record results after it, theoretically, has already been verified by the voter. "After you mark your ballot, after you review your ballot, the voting machine can print more votes on it!," [emphasis in original], Princeton's computer science professor Andrew Appel warned about the Dominion ImageCast Evolution system in October of last year.

Kellner cites that "ballot stuffing attack" vector first identified by Appel and then confirmed by Georgia Tech's former Dean of computing at Georgia Tech and director of its Information Security Center, professor RICHARD DEMILLO who joins us on today's show to explain the vulnerabilities. The very same design flaw appears to be present in systems currently in use or set for use before 2020 in parts of Kansas, Texas, Pennsylvania, Delaware and elsewhere, as jurisdictions scramble to spend federal dollars to "upgrade" their voting systems to new equipment in advance of the next, crucial Presidential election.

A similar system made by ES&S, currently being pushed for use across the entire state of Georgia by Republicans, vendors and elections officials, also appears to have the same flaw and even one that Appel describes as a disturbing "Permission to Cheat" feature (first observed by Election Integrity advocate Jenny Cohn in Kansas last September) that allows the machine to submit a ballot to the scanner without the voter ever verifying what the computer has printed on it. That, DeMillo explains today, allows ballots to be marked and printed by the computer and then scanned without any examination by the voter at all. Both "design flaws" make any post-election hand audit of those ballots "meaningless" [PDF] .

As Kellner explains in his letter to fellow Elections Board members in NY --- effectively decertifying the systems, for now, thanks to Dominion's failure to document these vulnerabilities before certification --- "If it was possible for the machine to add a voting mark to the ballot without verification by the voter, the audit is not meaningful because it cannot confirm that the ballot was counted in the manner intended by the voter."

"What they have is a single device that marks the ballot and scans the ballot. Just because of the way that they've designed this thing, there's a single path that the paper ballot travels --- under the print heads, and over scanning heads," DeMillo tells me. "What I think is a real issue is the design flaw that makes it possible to have the paper ballot printed out, verified by the reader, and then scanned, but in that scanning process, travel a second time undetected through the print heads. The voter could have chosen to vote for no one. But the machine could decide well, we really like the Democratic candidate for Public Service Commissioner, so we're just going to add that to every ten blank Public Service Commissioner choices that we see."

DeMillo breaks down what all of this means for New York and other states now using or set to use these systems, and how the vendor in question, Dominion, has responded [PDF] by attempting to marginalize the concerns and dismiss critics like DeMillo and Appel as "security maximalists."

DeMillo has been joining other cybersecurity experts in issuing similar warnings [PDF] to officials in his home-state of Georgia, where lawmakers are in the midst of rushing to approve at least $150 million for the purchase of similar devices from ES&S for use across the entire state before 2020 --- and not just for disabled voters who may require such a system to vote independently, but for all voters in the precincts. That, despite the systems appearing to have similar "design flaws" to those which have now served to effectively decertify the Dominion systems in NY.

All of this, of course, is of a piece with the warnings we've been loudly issuing for years at The BRAD BLOG and on The BradCast about the use of this type of unverifiable computer-marked "paper ballot" voting systems, rather than verifiable HAND-MARKED paper ballots.

Also on today's program: Donald Trump publishes his Fiscal Year 2020 budget proposal, including hundreds of billion in cuts to domestic programs such as Medicaid and Medicare (which he vowed, while a candidate in 2016, to protect), as well as to the Environmental Protection Agency and other federal agencies. At the same time, the proposal includes record increases in defense spending and $8.6 billion more for his southern border wall (which Mexico is still not paying for). The result, if the aspirational proposal were to be adopted by Congress, would ensure annual budget deficits of at least $1 trillion over the next four years. That, on the heels of the Trump/GOP's $1.5 trillion tax cut for the wealthy and corporations which has ballooned the deficit and national debt to go with it.

And, finally today, after WA Governor Jay Inslee entered the Democratic President Primary last week race based largely on his decades of raising the alarm about climate change, we share a few recently unearthed clips from Inslee's fellow Presidential hopeful Sen. Bernie Sanders warning about "the greenhouse effect" and the dangers of a warming climate as long ago as 1989 on C-SPAN and in 1987 with a class of middle-school children while then still serving as Mayor of Burlington, Vermont.

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Article Categories: ES&S, Election Reform, Georgia, Voting System Certification, BRAD BLOG Media Appearance, Election Fraud, New York, Paper Ballots Legislation, EAC, Touch-Screen DREs/BMDs, U.S. House, U.S. Senate, Dept. of Defense, Health Care, Media Reform, Dominion Voting, KPFK, Donald Trump, Bernie Sanders, Climate change, BradCast, Election 2020

54 years to the day after the Bloody Sunday march in Selma, Alabama led to the landmark Voting Rights Act of 1965, and nearly 6 years following the rightwing U.S. Supreme Court's gutting of the VRA's most crucial provision, Republicans in Congress are still both blocking its restoration and working to prevent the Democrats' newly introduced and much-needed effort to expand voting rights. That's just one of a number of outrages on today's BradCast, otherwise brought to you with no small measures of hope to counter-balance the outrages. [Audio link to today's complete show is posted below.]

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

• Michael Cohen is suing the Trump Organization for at least $1.9 million dollars to cover his legal expenses which they had apparently promised to pay --- at least until Cohen began cooperating with federal investigators.

• Another worthy Democratic Senator, Sherrod Brown of Ohio, announces he will not seek the Democratic nomination in 2020. He joins Sen. Jeff Merkley of Oregon, former NYC Mayor Michael Bloomberg, former Attorney General Eric Holder and (for the most part) Hillary Clinton who all declared this week that they will not be seeking the Presidency this year.

• Some good news for voters out of the Republican-leaning Butler County, Pennsylvania. Officials there have decided to dump their 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots. The local news report of this common sense measure in at least this one corner of the important swing-state is somewhat of a hoot, as we share on today's program.

• Meanwhile, back in Congress, House Democrats will soon be holding a vote on HR-1, the "For the People Act", a massive elections and ethics measure which, among things things, calls for automatic universal voter registration; the expansion of early voting; an end to mass voter purges; independent redistricting commissions to avoid partisan gerrymandering; allows every voter in America to cast their vote on a hand-marked paper ballot; endorses D.C. statehood; requires disclosure of funders to dark money groups; and requires Presidential candidates to release their tax returns. Naturally, Republicans oppose the measure, and Mitch McConnell vows to not allow it to see the light of day in the U.S. Senate, even if it passes in the U.S. House as expected.

• Similarly, Democrats in the House and Senate have introduced the Voting Rights Advancement Act, a bill to restore Section 5 of the Voting Rights Act, by reinstating the requirement for the federal government to pre-approve new election-related laws in jurisdictions with a history of racial discrimination at the polls. Naturally, Republicans oppose the measure, and Mitch McConnell vows to not allow it to see the light of day in the U.S. Senate, even if it passes in the U.S. House as expected.

• Next, there is some curious movement in the Republican Congressional caucus in regard to climate change. Clearly reading the writing on the wall, as the public overwhelmingly not only believes in global warming but is becoming increasingly concerned about it, longtime GOP science deniers in both the House and Senate are finally admitting that man-made greenhouse gas emissions are the cause of it. The recent introduction of the wildly popular Green New Deal by Democrats --- a sweeping effort to move the nation to 100% carbon-neutral energy sources and provide millions of jobs over the next ten years --- is another reason Republicans are now acknowledging they must do something about climate change, if only for appearances. We discuss what could be a sea-change (or not) in this long, existential battle today.

• Finally, on related matters, Desi Doyen joins us for the latest Green News Report, with disturbing news on toxic coal ash waste found in groundwater in 39 states, plastic pollution found in the deepest parts of the ocean, former military officials slamming the Trump Administration over their climate change denial, and Democrats vowing --- as they now are with elections and voting rights, as well --- to go on the offensive in the U.S. Senate...

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Article Categories: Pennsylvania, BRAD BLOG Media Appearance, Rights And Freedoms, Paper Ballots Legislation, Touch-Screen DREs/BMDs, U.S. Senate, Voter Registration, Mitt Romney, Democrats, Republicans, U.S. Supreme Court, Chuck Schumer, John Cornyn, Washington D.C., Lindsey Graham, Lisa Murkowski, KPFK, Mitch McConnell, Coal, Voting Rights Act, Climate change, BradCast, John Roberts, Election 2020, Sherrod Brown, Gerrymandering/Redistricting, Michael Cohen, Trump Organization, Green New Deal

On today's BradCast, the heat continues to grow on the Trump Administration, as Democrats ramp up their oversight efforts after taking back a majority in the U.S. House. But, with another Presidential election around the corner, should they already be pursuing Articles of Impeachment, particularly with what we already know about Donald Trump's unprecedented crimes and corruption both before and after becoming President? [Audio link to full show follows below.]

But, first up today...A new report from Donald Trump's U.S. Treasury Department on Tuesday confirms that the Trump/GOP tax cuts have blown up the federal deficit to record levels. In the first four months of the budget year (which began in October) the deficit is up an astonishing 77 percent over the same period the previous year, thanks in no small part to a vast reduction in revenue on the heels of the tax cut, including a 23 percent drop in corporate taxes paid to the Government compared to last year. So much for the Republican repeated lie that their tax cuts would "pay for themselves!"

Then, on Wednesday, the Commerce Department followed up that news with the announcement that the foreign trade deficit has exploded, even after Trump's "American First" tariffs and trade wars that were supposed to shrink the imbalance with foreign nations that Trump has long (falsely) blamed for the loss of American manufacturing jobs. As a candidate, he described the U.S. foreign trade deficit as a "politician-made disaster" that he said he could "turn around fast". But his tariffs have only made things worse.

Moreover, as recently as this past weekend at CPAC, he repeated his line about "billions of dollars...pouring into our Treasury" due to his new tariffs on imported goods, but failed, as usual, to mention that those "billions" are paid by American consumers, not foreign nations. A recent study [PDF] found Americans are footing the entire bill for Trump's tariffs and that it is costing more for those in Republican-leaning counties. A separate study [PDF] from a different set of economists found that if Trump's tariffs somehow resulted in the creation of 35,000 new manufacturing jobs (the total number of jobs lost in the steel and aluminum industry over the past decade) they would still have cost tax-payers $195,000 per job.

Those, of course, are just some of Trump's failures as President. His high crimes and misdemeanors are another matter. With Democrats back in the majority in the U.S. House, oversight of the Executive Branch is finally beginning again. Trump and the White House and their TV operation called Fox "News", describe the Constitutional mandate oversight as a "fishing expedition", a "disgrace" and "PRESIDENTIAL HARASSMENT!" But, citing the House Judiciary Committee's request for documents from over 80 Trump associates or entities this week, our guest today, longtime Philadelphia Inquirer/Daily News national columnist WILL BUNCH, describes the effort as a "shadow impeachment".

He tells me the effort now underway in the House is "exactly like" the process we would see if Articles of Impeachment had already been introduced, but without Democrats having to use "the i-word". But will that process be enough to bring accountability, much less put the brakes on this out-of-control, unprecedentedly corrupt Presidency? Especially with the next Presidential election already baring down on us? A "shadow impeachment" that could become a real one is fine, but shouldn't we have a real one already? We discuss those questions and many others with Bunch on today's program.

Finally, speaking of long-overdue and much-needed federal oversight. Democratic leadership in the House Oversight and Reform Committee today sent letters [PDF] to Georgia's new Republican Governor and former Sec. of State Brian Kemp, along with new Sec. of State Brad Raffensberger, seeking documents surrounding the massive vote suppression that tainted Kemp's reported narrow victory in the Governor's contest over Democrat Stacey Abrams last November. Among the documents sought by the House Dems in their new investigation are those related to Peach State government actions to purge voters (1.4 million were removed from the rolls during Kemp's tenure as SoS), shut down polling places (200 have been closed since 2012); keep newly-registered voters off the rolls (the registrations of 53,000 disproportionately black voters were suspended under the state's so-called "exact match" requirement); the "sequestration" of un-deployed voting machines (which resulted in long lines on Election Day in three key counties); and other related concerns over which Kemp was sued (and lost) countless times while overseeing his own election last year.

All of that as both Kemp and Raffensberger are pushing hard this week to hoax state lawmakers into voting to spend at least $150 million on new, unverifiable touchscreen voting systems. Republicans are rushing through legislation this week in the state Senate to purchase the new computer-marked "paper ballot" systems, despite being virulently opposed by computer cybersecurity and voting machine experts who describe the new systems as unverifiable [PDF], unauditable [PDF] and vulnerable to hacking [PDF]. The experts recommend hand-marked paper ballot systems instead.

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Article Categories: Election Irregularities, Fox 'News', Georgia, BRAD BLOG Media Appearance, Touch-Screen DREs/BMDs, Impeachment, Accountability, U.S. House, Voter Registration, Vote Caging/Intimidation/Suppression, Democrats, Republicans, Jerrold Nadler, Economy, Richard Nixon, KPFK, Donald Trump, China, IRS/Taxes, BradCast, Elijah Cummings, Election 2018, Brian Kemp, Sarah Huckabee Sanders, Trade, Dept. of Treasury, Brad Raffensperger, Dept. of Commerce