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Latest Featured Reports | Thursday, October 22, 2020
'Green News Report' 10/22/20
  w/ Brad & Desi
Another new record storm in a record-breaking hurricane season; Great Barrier Reef half dead; First all-climate campaign ad; PLUS: The Hummer is back, and now it's all-electric...
Previous GNRs: 10/20/20 - 10/15/20 - Archives...
Are Americans Ready (or Even Able) to Roll Back the GOP's 'Permanent Minority Rule'?: 'BradCast' 10/21/20
Guest: David Daley; Also: Lawyers hate Trump; Fed court allows TX to reject mail-in ballots...
Good News, Bad News!
It's 'The Caveat Show!':
'BradCast' 10/20/20
All sorts of reasons for Dems to feel good about Biden and re-taking the Senate...And plenty of reasons to remain concerned about both...
'Green News Report' 10/20/20
  w/ Brad & Desi
Massive CO wildfires; Trump flip-flops on disaster aid to CA; Wind, solar energy now the cheapest energy in the world; PLUS: Biden talks clean energy at ABC Town Hall...
Previous GNRs: 10/15/20 - 10/13/20 - Archives...
Voting is Not Enough: How YOU Can Help Oversee and Protect Our Elections!: 'BradCast' 10/19/20
Guest: Emily Levy of Scrutineers.org; Also: Bad news for MI voters; FL voting website fails...
Sunday 'A Bigger Boat' Toons
Just when you thought it was safe to go back into the voting booth...PDiddie offers his latest collection of the week's best toons...
2020's Federal Court Voting Rights Roller Coaster: 'BradCast' 10/16/20
Guest: Univ. of KY election law Prof. Joshua A. Douglas; Also: Trump's CA wildfire emergency disaster relief roller coaster...
'Deranged Power Grab': Barrett SCOTUS Hearings Conclude: 'BradCast' 10/15/20
Guest: Slate's Mark Joseph Stern; Also: E-Pollbook systems fail in GA; FBI reports 'unauthorized access to elections systems'...
'Green News Report' 10/15/20
  w/ Brad & Desi
Barrett sure sounds like a climate denier during Senate hearings; Sen. Whitehouse breaks down dark-money polluter capture of judiciary; PLUS: Sept. 2020 hottest ever recorded...
Previous GNRs: 10/13/20 - 10/5/20 - Archives...
'Hypocrisy in Daylight? Look for Power in the Shadows': 'BradCast' 10/14/20
Guest: Lisa Graves on Sen. Whitehouse's revelations of GOP's $250M SCOTUS-packing coup; Also: Good voting news in VA, TX, AK!...
Barrett's Hypocritical, Scalia-Fueled 'Originalist' Hoax: 'BradCast' 10/13/20
Also: Touchscreens fail on 1st day of Early Voting near Houston; Trump judges okay absentee suppression in TX; Online registration fails on deadline day in VA...
'Green News Report' 10/13/20
Cleanup, recovery in battered LA in wake of Hurricane Delta; PLUS: Climate change in the spotlight (sort of) at the one and only 2020 Vice-Presidential Debate...
Judge Finds 'Serious Security Vulnerabilities' in New GA Vote Systems, Allows Them Anyway: 'BradCast' 10/12/20
Guest: Plaintiff Marilyn Marks; Also: GA systems fails on first day of early voting...
Federal Court Upholds NJ Canvass of Mail-In Ballots Prior to Election Day
Also upholds counting of mail-in ballots received by 11/5, two days after Election Day, even without a postmark...
Sunday SuperSpreader Toons
Look! Up in the sky! It's COVID-19 being spread by the goddamn President of the United States! That and many more sick toons in PDiddie's latest weekly collection...
Tyranny Loves Company:
'BradCast' 10/9/20
Guest Host Nicole Sandler with 'Strongman' author Kenneth C. Davis...
Buzz-worthy, But Otherwise Refreshingly 'Normal' VP Debate: 'BradCast' 10/8/20
Special Coverage with Heather Digby Parton, David Faris; Also: Suspended on Twitter for tweeting completely accurate news about GA's flawed voting system...
BRAD BLOG Suspended by Twitter for 100% Accurate Tweet About GA's New Touchscreen Vote Systems
The tweet in question and federal court evidence proving it's true. [UPDATED x 2!] ...
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: Plaintiff Marilyn Marks on election havoc in the Peach State, and lack of national media coverage; Also: Trump loses, voters win in court absentee ballot rulings in WI, IN, MT, AL, and maybe NC...
By Brad Friedman on 10/1/2020 6:33pm PT  

On today's BradCast: We've got good news for voters from a bunch of courts today --- including in both battleground and "red" states --- when it comes to the absentee mail-in voting that Donald Trump and the Republican Party are working so hard to block. But we've also got some very disturbing news out of the state of Georgia in a story that nobody other than us seems to be covering for reasons we can't quite explain. Especially since it now involves installing all brand-new, untested, and uncertified software --- at the very last minute, just days before Early Voting is to start --- on every touchscreen voting system used across the state. [Audio link to full show follows below summary]

But first, the good court rulings coming out of several states so far this week...

  • A federal appeals court has upheld a lower court judge's six-day extension beyond Election Day for the receipt of incoming absentee ballots postmarked by November 3rd in the critical battleground state of WISCONSIN. The unanimous ruling comes from a panel of three Republican-appointed judges, including one nominated by Trump, in a state which he is said to have barely flipped to "red" in 2016, for the first time in decades, by just over 20,000 votes out of millions cast. Republicans could appeal to the GOP's stolen U.S. Supreme Court. That's just one of the reasons they are trying to pack the Court with Trump's nominee, Amy Coney Barrett, in record time before the election;
  • Similarly good news out of Mike Pence's home state of INDIANA, where a federal judge rejected a deadline of noon of Election Day for absentee ballots to be received. The ruling will allow ballots postmarked by November 3rd to be counted if they arrive by November 13. The judge says the extra days do not benefit any particular party or candidate and "should in fact help assuage" concerns about the legitimacy of election results in the Hoosier State;
  • In the state of MONTANA, a federal judge blocked an effort by the Trump Campaign and other GOP groups to prevent counties from automatically sending absentee ballots to all active registered voters as they did during this year's June primary elections. That, after the plaintiffs were unable to "point to a single instance of voter fraud in Montana in any election during the last 20 years," according to the judge who described concerns about widespread fraud as "a fiction". While the state went to Trump by some 20 points in 2016, its Democratic Governor Steve Bullock won re-election on the same statewide ballot that year, and is now running for the U.S. Senate to unseat incumbent Republican Steve Daines;
  • In ALABAMA, a federal judge ruled that the state may not block counties from offering curbside voting and that witness signature requirements and Photo ID requirements for absentee voters during the COVID-19 pandemic are unconstitutional for certain voters. Their Republican wingnut Sec. of State John Merrill says he will appeal all the way to the stolen Supreme Court if necessary;
  • And in the closely divided battleground of NORTH CAROLINA, a proposed settlement between the state and plaintiffs will allow for absentee ballots to be "cured" by voters if they lack proper signatures; voters will be able to use secured drop-boxes for mail-in votes; and for ballots postmarked by Election Day may be received until November 12. But this week, a letter has been sent by the Trump Campaign to Republican officials on County Boards of Elections instructing them to ignore guidance from the State Board of Elections! The NC SBE has had to send a letter in response to those same officials, warning them that they are required to follow state guidance and that guidance from "a political party or other source should not be considered or followed." The extraordinary situation has led one international expert on election security from Duke University to (accurately) opine: "It comes down to the fact that this President is not actually trying to win this election – this President is trying to not have to concede this election. That’s what going on." That expert is right on the money.

Then, to the extraordinarily disturbing story out of GEORGIA, which our guest today, MARILYN MARKS of the Coalition of Good Governance, describes as "scandalous". As we reported during Monday's show, last Friday, the Secretary of State's office quietly sent a notice to elections officials in all 159 counties telling them to immediately stop their pre-election "Logic and Accuracy" testing of the new, unverifiable touchscreen voting systems that all voters are currently forced to use at the polling place. The reason, as the office explained, was due to "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

That startling news late on Friday night resulted in an emergency filing by the Coalition with U.S. District Judge Amy Totenberg, who has been overseeing their long-running lawsuit to block the use of unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots at the polls. On Monday, Totenberg called an emergency hearing for all parties to the suit, during which the Secretary of State's office and the state's new private vote system vendor and ballot programmer, Dominion Voting, claimed that new databases (which contain the programming for all contests in each county) were not actually needed to correct an error that prevented some U.S. Senate candidates from appearing on the touchscreen in certain cases. In fact, what they planned to do instead was to change the code used on the voting machine software itself, and install new software onto all 34,000 touchscreens in the state. All of this, just days before Early Voting is to begin, and now just over one month before Election Day.

As Marks notes, the new software to be installed on every voting machine in Georgia has not been certified for use --- or even tested --- by the U.S. Elections Assistance Commission (EAC) as required by state law. But this story is even more scandalous in several ways that we discuss on today's program, after another emergency hearing was called by the judge today, following another emergency filing from the Coalition on Wednesday night regarding an apparent change of plans by the Secretary of State.

"It's outrageous. They're wiping all of the software," Marks tells me, and installing "new software that's just been written, has not been tested, and has not been certified by the Elections Assistance Commission. As far as we know, it has not even been submitted for approval. This is federal certification, and Georgia, like most states, is not supposed to be using systems not certified by the federal government."

"They've written this over a weekend, and have not thoroughly tested it. There's been no user testing. The number of things that can go wrong will take up more time than your show permits," she says. "They might as well have gone out and said, 'we're going to buy the Lucy and Ethel software, and put it in.'"

While that is troubling enough, Marks also notes that the programming is not even being done by public state officials, but by private contractors at the Canadian-based firm from whom GA purchased the systems for more than $100 million for first time use this year. "This election has been completely outsourced to Dominion Voting Systems. They are a third party profit-making corporation and, essentially, Georgia has just said, 'Take it and do with it as you will, Dominion!'"

Marks says it is all "outrageous and preposterous," telling me, "Like you, I am shocked that the national media has not picked up on this more, because we're talking about the votes of 7 million voters here."

"I thought that I was beyond having anything that could shock me anymore," she continues. "But I have to say, my jaw is still on the floor from this week. And the fact that the media is not covering it, I don't understand. I can only surmise that they are still in disbelief. Maybe the facts just aren't fully out yet. That's the only thing I can come up with. This is scandalous. "

Please tune in for the full story --- there is much more to it. But, suffice to say for now, it IS a scandal that WE have been covering this story and this lawsuit for at least three years, while the mainstream corporate media seems to be ignoring it almost entirely, even with the possibility that the Peach State could flip from red to blue this year in the Presidential race for the first time in decades, and that there is not one, but two U.S. Senate seats on the ballot there this November, both of which are currently held by Republicans and believed to be endangered by Democratic challengers.

Finally, we close today with our latest Green News Report, with special coverage of the surprise --- and surprisingly substantive --- discussion of climate change in this week's otherwise off-the-rails Presidential Debate in Cleveland, OH...

Download MP3 or listen to complete show online below...

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Guest: Legal journalist Mark Joseph Stern on Amy Coney Barrett: Also: GA SoS orders pre-election testing stopped on new, touchscreen voting systems after major errors found affecting all 159 counties...
By Brad Friedman on 9/28/2020 6:49pm PT  

If you haven't already heard about the huge news regarding Donald Trump's taxes, I strongly recommend you go read it, because it's quite stunning. And yet, we didn't have enough time on today's BradCast to more than wave at that news at the top of the show. That's because the news at the U.S. Supreme Court is about to change this nation for a generation, according to our guest today, and perhaps forever. And not for the better. Also, we've got news that broke late Friday night out of Georgia that you almost certainly haven't heard about, but that is jaw-dropping and could result in an absolute disaster for every voter who chooses to vote at the polls in all 159 counties in the key battleground state this year. [Audio link to full show follows below.]

So, with that encouraging warm up, we turn first to the weekend's nomination of Judge Amy Coney Barrett by Donald Trump to become the sixth rightwing justice on the U.S. Supreme Court following the recent death of progressive icon Justice Ruth Bader Ginsburg. Before Ginsburg was even buried (her funeral is scheduled later this week), Trump wasted no time in naming Barrett, a proud disciple of the late Justice Antonin Scalia, to the high court. That as more than 20 states are already voting in this year's Presidential election. No nominee has ever been named this close to a Presidential election, and Republicans vow to have her seated before Election Day, even though they refused to even give Barack Obama's nominee, Merrick Garland, a hearing after Scalia died almost 300 days before the 2016 election. Republicans claimed at the time that "the American people should have a voice in the selection of their next Supreme Court Justice," since voting had already begun in the primaries that year. At the same time, as multiple polls make clear, huge majorities of Americans believe whoever is elected in November should be the one to name the next Justice to SCOTUS.

While disingenuous, duplicitous, dishonest, hypocritical Republicans lied in 2016 about that, they couldn't care less in 2020. So they are planning to ram Barrett through the confirmation process as quickly as possible, according to our guest today, Slate's great legal reporter MARK JOSEPH STERN, so that she will be seated in time for the Court to throw the election to Trump as needed. "Donald Trump has selected her for the express purpose of handing him the election by nullifying enough Democratic votes to secure him a second term," Stern makes clear at the outset. "He has said that out loud on multiple occasions. We have every reason to believe that was his chief criterion in selecting Barrett."

Beyond that, as to what Barrett's vote on the Court on other issues will mean for this nation, for health care, for abortion rights, for gun rights, for voting rights, for the environment, for LGBTQ rights, for immigration rights and much more, Stern pulls no punches today. The outlook is bleak. Very bleak.

"She is going to allow states to ban abortion, to punish and prosecute women who terminate their pregnancies, and even to let Congress ban abortion nationwide so that no state can give people access to the procedure," Stern details in his no-uncertain-terms litany of what Americans can expect under a 6 to 3 Court led by Barrett. "She isis against almost any kind of gun control law, including basic gun safety laws that keep violent criminals from obtaining firearms. ... She does not believe in the right to vote. She believes that states should be able to strip individuals of their right to participate in democracy for arbitrary and discriminatory reasons. ... She does not support LGBTQ equality. She rejects the idea of same-sex marriage. She does not even believe it's real marriage, so far as we can tell. ... She is going to strip our federal laws of all environmental and labor regulations that have any effect. She is going to abolish the federal government's ability to regulate carbon emissions, mercury, lead, to protect workers from labor exploitation," he explains before summing up: "She is going to remake this entire country's law in a way that might satisfy a robber baron of the 1800s, but will make every one else feel --- rightly --- like they're living in the dark ages."

Other than that, she's great! Actually, that's just a partial list of what he says should be expected if/when she is confirmed.

But he's equally clear about what he sees as the only way that Democrats --- and the nation itself --- can now be preserved. And that is the expansion of the Supreme Court with the addition of 4 more seats to restore the Court majority to liberals who should rightly have it after the GOP stole the Court majority from them in 2016. Presuming Dems take the White House and Senate majority this year, Stern argues: "Nothing else the Democrats do is going to matter if they don't begin here first. This is it. This is the test. If Democrats fail this, there might not be any coming back from it."

Would such a "radical" move make things worse? Will it lead to an endless cycle of SCOTUS Wars and the delegitimization of the Court itself? Stern speaks to all of that and much more today. Please tune in.

Then, the news that you almost certainly haven't heard out of Georgia. On Friday night, the Secretary of State's office informed elections officials in all 159 counties that they should immediately stop pre-election testing of the state's brand-new, $100 million, unverifiable touch-screen Ballot Marking Device (BMD) voting system due to what Election Director Chris Harvey described in an email as "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

"I am very sorry to have to tell you this," Harvey continued, somewhat understating how serious this matter is. "I know that everyone is working as hard as they can to be prepared. We will do everything we can to minimize the delay this will cause. I will give you an update Monday on any ETA for your new database."

While it's still unclear when the corrected databases (or whatever the problem actually is) will be available, the Coalition for Good Governance, which has a long-running federal lawsuit to block the use of the state's new unveriflable touchscreen voting systems --- which every voter in the state is forced to use at the polling place, instead of safer, verifiable, hand-marked paper ballots --- filed a motion on Friday night explaining to the court that it is simply too late to properly test the 80,000 or so separate pieces of the system, as required by law, before Early Voting begins in two weeks.

"[U]nder the current plan," the Coalition spells out in the filing, pre-election "Logic and Accuracy testing is required for 34,000 touchscreens, 34,000 BMD [Ballot Marking Device] printers, 8,600 pollPads [electronic pollbooks], 3,800 precinct scanners, and 175 high volume mail ballot scanners," adding that "A far more manageable, realistic, and safe solution for an orderly and defensible November election is to use hand marked paper ballots instead of the BMD touchscreens and printers, while maintaining a single BMD in every polling place for accessibility needs, to satisfy the requirements of HAVA [the federal Help America Vote Act]."

The federal judge who found the state's previous, 20-year old touchscreen systems to be unsecure, unverifiable and, therefore, unconstitutional, is set to make a ruling at any moment on whether the new systems are equally unconstitutional and should be banned like the old ones were last year. She called all the parties in the case to an emergency hearing on Monday following Friday's stunning news, placing into question whether the state will be able to use the systems at all this November.

We will have much more on this disturbing story as it develops in coming days. But this is just another reason why it is insane to use these types of systems in any election, much less the most critical one in this nation's history. In addition to the entire state of Georgia --- a key battleground state this year --- similar unverifiable touchscreen Ballot Marking Device systems are being used for the first time this year in many of the most Democratic-leaning counties in key battleground states including Pennsylvania, Ohio, North Carolina and Texas, among others, not to mention Los Angeles County in California, the most populous voting jurisdiction in the nation...

Download MP3 or listen to complete show online below...

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Guest: Marilyn Marks of plaintiff Coalition for Good Governance; Also: Hurricane Sally drenches AL, FL; Results from 2020's final primary in DE...
By Brad Friedman on 9/16/2020 7:06pm PT  

On today's BradCast: Last year, a federal judge in Georgia banned the state's 20-year old, unverifiable touchscreen voting systems, finding them to be "unsecure, unreliable and grossly outdated" and, thus, effectively unconstitutional for use in federal elections. This week, that same federal judge held a hearing to determine whether the new unverifiable touchscreen voting systems Georgia has chosen to use this year for the first time are any better, or whether the Peach State should have listened to the cybersecurity and voting systems experts who strongly urged the state to move, instead, to a verifiable hand-marked paper ballot system. [Audio link to show follows below.]

But first today, Hurricane Sally slammed ashore near the Alabama / Florida border this morning. As predicted, the very slow moving storm is packing a punch, with rainfall "measured in feet, not inches swamping homes and forcing the rescue of hundreds of people as it pushed inland." Desi Doyen joins us for the latest on that slow moving disaster as water is quickly rising, rescues continue, the storm moves into Georgia, and as more hurricanes are already lining up behind it in an already record breaking Atlantic hurricane season (which still continues until late November!)

Even as that climate change-intensified disaster unfolds on the heels of Hurricane Laura just three weeks ago (with thousands still without power and in shelters in Louisiana), along with the record deadly climate-fueled wildfires out west, Donald Trump has chosen --- amid all of this --- a notorious climate science denier for a top position on "environmental observation and prediction" at the National Oceanic and Atmospheric Administration (NOAA).

If those stories don't underscore the existential importance of this year's elections, we don't know what would.

On that score, the final state Primary Elections of the 2020 season were held on Tuesday in Joe Biden's adopted home state of Delaware, with most ballots cast by mail, and with both masks and social distancing in place at the polls. Happily, there have been no reported voting problems to come to my attention yet and, as expected, there were few surprises in the reported computer-tallied results. Some of them, however, are either eyebrow raising, historic, or just plain fun. Among those categories is the QAnon conspiracist who is now the Republican nominee for the U.S. Senate in the state; the first openly transgender person to (almost certainly) win a seat in a state Senate; and the 12-year, Democratic state legislator who opposed same-sex marriage being beaten soundly on Tuesday --- in a landslide --- by a local, gay, progressive drag queen!

And with the primaries finally (and thankfully!) out of the way, we move straight to the general elections and back to Georgia, which Democrats hope to flip from red to blue in the Presidential election this year for the first time in decades. But it's also a state where not one, but two vulnerable Republican U.S. Senators are facing tough re-election challenges from Democrats.

There is a lot riding politically on the state of Georgia this year, which makes this week's much-anticipated three-day virtual hearing in an Atlanta federal court all the more critical. When the second day of the three-day hearing which wrapped up this week, regarding the security of the state's vulnerable new computer voting, pollbook and tabulation systems was interrupted --- "Zoom bombed" --- with photos of the 9/11 attacks, swastikas and pornography posted by a user calling him or herself "Osama", it would have been impossible for U.S. District Court Judge Amy Totenberg to miss the irony.

"It was a very sobering reminder of just how vulnerable electronics are, and just how targeted the United States and our elections are right now," says MARILYN MARKS, our guest today. She is Executive Director of the non-partisan Coalition for Good Governance, a lead plaintiff in the long-running case. She says it served as a reminder of the need to "get hand-marked paper ballots that are verifiable and auditable."

The Coalition is suing for a ruling that would find Georgia's new, unverifiable, $100+ million touchscreen voting system made by the Canadian firm Dominion Voting Systems to be an unconstitutional burden on the right to vote. That would be a similar finding to the one Totenberg issued last year, effectively banning and decertifying the state's 20-year use of its previous insecure, unverifiable touchscreen voting systems made by Diebold.

In addition to hoping to see those systems replaced with verifiable hand-marked paper ballots, the Coalition is asking the judge to order backup paper pollbooks at every polling place, after the new electronic pollbook systems failed during the state's June primary elections, leading to hours-long lines, largely in minority voting districts. The plaintiffs are also calling for oversight of the state's optical-scan tabulation systems which failed to tally thousands of votes on absentee ballots during the state's recent primaries. (We interviewed Jeanne DuFort, who discovered that problem, and is also a plaintiff in this case on several recent programs.)

Marks shares her observations from this week's hearings, including on the testimony and cross-examination of the Coalition's cybersecurity and voting systems expert witnesses (many of whom have also appeared multiple times on this show, including Univ. of Michigan's Alex Halderman, UC-Berkley's Philip Stark, expert data researcher Kevin Skoglund and legendary Finnish cybersecurity expert Harri Hursti). Similarly, Marks offers her thoughts on the state's, um, less-than-expert witnesses and responds to a number of allegations made by the attorney representing Georgia and its Republican Sec. of State Brad Raffensperger, who selected this new, "Rube Goldberg" computerized voting system despite the urging of experts and voters alike.

Among the stunning points noted by Marks was the testimony from the man who led the certification testing of this system for the U.S. Election Assistance Commission (EAC). Marks reports the witness seemed "quite confused about the technology" and "admitted to having no real security background and not really any long-term established security people on his team." She says his testimony "made it clear that security is really not a top priority for the certification of voting systems" at the federal level, adding, "It was really kind of unbelievable."

While transcripts may be available from the hearing soon (we'll update with a link to them here when they are), Marks noted some portions will be redacted, since the state argued privately in front of the judge on certain issues that even the plaintiffs were not allowed to witness. (Though I wonder whether "Osama" did?)

"The public learned a lot from these expert witnesses about just how seriously vulnerable the Georgia election system is," she tells me. "The expert witnesses gave extremely compelling testimony during the direct examination by our attorneys. But when the state's attorneys got them up on the stand for cross-examination, they were equally strong. Quite frankly, the state was really not able to get in any type of evidence --- because there is none --- that would help get anyone comfortable with their equipment."

When it came to the witnesses from the state and the voting system vendors, she says, her attorneys explained to the court that those "experts have not been able to tell the court just the basic fundamental operational and security details --- the plaintiffs have been the ones who bring all the information. The state basically had no one with any independence. Every expert witness they had had a financial interest in ballot-marking devices. Two of the expert witnesses are [voting system] vendors, three of the expert witnesses are vendors of ballot-marking device suppliers. So they were hardly considered independent, at least by the laymen who were watching."

While Marks says she does not know when Totenberg will issue her ruling, it is likely to be soon. Reports from the virtual courtroom via AP suggest Judge Totenberg appeared concerned by points made by the plaintiffs and may be forced to implement changes --- if she determines there is time to do so with Early Voting beginning in just four weeks in the Peach State. Marks believes there is plenty of time to make the state's elections more secure and overseeable, though the state begs to differ. Soon we'll learn how the Judge feels.

During closing arguments, according to AP's coverage, Robert McGuire, an attorney for the Coalition and individual voter plaintiffs, "recalled Totenberg's prior admonitions to the state" by noting that "Totenberg previously told the state that a new voting system should address the need for 'transparent, fair, accurate, and verifiable election processes that guarantee each citizen's fundamental right to cast an accountable vote.'" But the state's new computerized Ballot Marking Device system "satisfies none of these requirements," McGuire said...

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Guests: Lulu Friesdat and Robin Gibson on activist efforts to urge CA Sec. of State to mitigate most dangerous elements of $300M computer voting machines before certification and critical 2020 general election...
By Brad Friedman on 8/31/2020 6:32pm PT  

On today's BradCast: We make short work (for now) of several breaking news stories from over the weekend and into today. Then its straight on to our main story today, which you will hear nowhere else in the media. [Audio link to today's full show is posted below summary.]

In January, we broke the news here on The BRAD BLOG and The BradCast that Los Angeles County's brand-new, unverifiable, $300 million, 10-years-in-development touchscreen polling place voting system had failed to meet more than 40 different California Voting System Standards, according to independent certification testers hired by CA's Secretary of State Alex Padilla. Despite critical security issues that alarmed voting system and cybersecurity experts, the machines were nonetheless "conditionally certified" by Padilla just prior to the March 3rd Super Tuesday primary in the state. The new machines (known as Ballot Marking Devices or BMDs) and the electronic pollbooks that are required to work with them, both failed spectacularly. Voters were disenfranchised by the "Voting Solutions for All People" or VSAP system, as many across the nation's most populous voting jurisdiction were either turned away or forced to wait for hours in line to vote.

It was well after midnight before all of those still in line finally cast their votes on Super Tuesday. It was, of course, impossible to know if any of those votes were tallied as per any voter's intent, because BMD systems print out a computer-marked paper ballot which may or may not reflect the actual intent of any voter. It's impossible to know if results are accurate in any election that uses BMDs for the majority of voters. Recent studies [PDF] find that more than 90% of voters do not notice when a BMD has misprinted one or more of their votes on the paper printout.

After the March 3rd disaster in L.A. (which we had warned about long in advance, to little interest from media or public officials, even from the L.A. County Supervisors, much less Sec. Padilla) the system's brainchild, Registrar-Recorder/County Clerk Dean Logan, was allowed a mulligan. He promised to fix what didn't work before the November election and told us all to simply trust him. Next time would be better. Many in the media then lost whatever interest they had as it was just weeks after Super Tuesday that COVID pandemic struck hard.

Well, now Padilla has recently posted the new certification testing results from Logan's mulligan, VSAP 2.1. The results do not inspire confidence, as many of the same problems with the system originally --- such as paper jams and misprinted QR Codes {PDF] --- still exist, according to testers. Now Padilla must decide in the next two weeks whether or not to certify them again. In truth, he has little choice as Early Voting is now just weeks away. While the state's decision to send every active voter a Vote-by-Mail ballot may help to ease many of the potential log jams at the county's new Voting Centers, ballots cast on the new systems --- as opposed to verifiable hand-marked paper absentee ballots --- are still vulnerable to manipulation and can never been known to reflect voter intent after the polls close.

However, there are some things that Padilla could require to be done to mitigate some of the worst dangers of the system if it is to be used for this year's critical November election. Several dozen election integrity and activist groups, along with a number of esteemed cybersecurity and voting systems experts, recently signed on to an excellent public letter led by the California Clean Money Campaign, demanding Padilla implement a number of the mitigations before certifying the updated voting systems.

We're joined today by LULU FRIESDAT, co-founder of SmartElections.us and ROBIN GIBSON, longtime Los Angeles Election Integrity advocate, to discuss those potential mitigations and the one-and-only public comments hearing held today online before Padilla's pending decision to certify. They report that Padilla did not bother to attend, though Logan, apparently, came by near the end of the session to claim that everything is now working fine. "Our registrar got on the call and dismissed two hours of worried voters, and said he had tests that said it was fine," Gibson explained. "It was like 'I win, nah, nah, nah.'"

As Friesdat and Gibson explain, the citizen advocates and experts are asking in their letter for the ballot boxes attached to each touchscreen tablet system to be removed, so that the computer-printed ballots don't have to pass back through the same printer heads after they've been (theoretically) verified by each voter. Experts warn [PDF] that sending the ballot back through the same printer path after verification is a major security risk, allowing the system to change voters votes, without their knowledge, after they have supposedly already approved their printed ballot. Instead, the group is urging that the attached ballot boxes be removed, and that ballots be deposited manually by voters into a separate ballot box at the polling place, for tabulation later.

The group is also asking Padilla to do away with the unverifiable QR Codes that are printed on each ballot. It is that code --- which can't be verified as accurate by any voter --- that is actually read by the optical-scan computer tabulators to tallly each ballot, rather than the human-readable text print out that voters may or may not have verified! "It is not secure to have the vote encoded in a QR code," Friesdat joins cybsersecurity experts in warning.

Moreover, the groups are calling for real, hand-marked paper ballots to be made available to any and all voters at Voting Centers for voters smart enough to want to cast a verifiable vote. "This is basic," Friesdat insists. "Hand-marked paper ballots are the gold standard that security experts recommend. It's not hard to provide them, and voters should be encouraged to use hand-marked paper ballots if they're able to mark by hand."

They also uge Padilla and Logan to finally release the source code to this supposedly County-owned and developed system. The money appropriated by tax-payers was done on the basis, advanced by both Padilla and Logan, that it would be a fully "open source" system, 100% publicly owned. All of that is also important because elections officials in other states and counties across the country have expressed interest in adopting this exact system if it ever actually works in L.A.

Friesdat and Gibson detail many of their own concerns, as well as others who offered public comment today before we open up the phone lines to listener questions about this terrible new system, just 64 days before Election Day and mere weeks before early voting is set to begin in Los Angeles County...

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Hours-long lines as computer touchscreen and e-pollbook systems fail in CA, TX; TN voted anyway, despite deadly tornadoes in Nashville...
By Brad Friedman on 3/3/2020 5:57pm PT  

Okay, I gotta make today's BradCast summary really quick, as polls are closing around the country and people are still fighting like hell to cast their votes out here in California. [Audio link to show follows below.]

With 14 states voting in today's critical Super Tuesday elections, voters were once again prevented or absurdly delayed in their attempts to take part. Of all the states holding elections today (Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, and Virginia) only one --- maybe two --- had a good excuse for the failures.

Tennessee was hit with early morning tornadoes, which resulted in at least 25 dead in or near Nashville, with some 15 polling places knocked out by the storms. Voting continued nonetheless in the Volunteer State, as well as in Alabama, which also saw several twisters just as polls opened Tuesday morning.

But what are the excuses for forcing voters to wait in line for hours in places like Austin and Houston, Texas and up and down the great state of California, where almost 700 delegates in total will be awarded towards the 1,991 needed to win a majority for the Democratic Presidential nomination?

In the dozens and dozens of cases emerging throughout the day --- in L.A. County and at least 15 other California counties, not to mention all over Texas --- as covered on today's program (at least as many of them as we could fit in to a single hour!), it was the failure of computer touchscreen voting systems and electronic pollbook check-in computers. All of which was completely predictable. And we should know, because we've been predicting it for months and much longer, as long time listeners and readers likely know.

We cover a tsunami of such problems across the country today, particularly in California, where Bloomberg News is reporting tonight that L.A. County is admitting some 20% of the the new voting machines deployed for the first time countywide in this election failed to work today. Yes, these are the brand-new, 100% unverifiable, $300,000,000 touchscreen voting systems (which we've very specifically been a lonely voice in warning about for YEARS --- yes, as long ago as 2010, when I was invited to the first development meeting and gave the very same warnings many others are finally offering today. See my 2013 interview with their brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, from back before he decided to no longer answer my questions or appear on the program.)

We also open the phones to callers ringing in with their own various nightmarish experience on L.A. County's new systems and we get an update from the polls in Southern California via KPFK News Director ERNESTO ARCE along with much more infuriating madness on today's program. (Including a smear on Twitter from Logan who called me a liar there last night after I had reported on Sunday that a poll worker at the Hollywood Bowl voting center said he was not allowed to speak to the media and that I had to call a special number to ask questions like "Was it busy today?" "Why was this voting center shutdown for hours yesterday?" "Have many voters been seeing their ballots jammed in the new printers, like that woman?" But, of course, I shared the "receipts" to show who was actually lying.)

Finally, Desi Doyen joins us for our latest Green News Report, on billionaire climate activist Tom Steyer quitting the Democratic Primary race, the coronavirus' deadly clearing of China's air, and a sad sign of climate change at Yosemite National Park...

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Story details (some of) my concerns about the new $300 million unverifiable touchscreen system in the nation's largest jurisdiction
NOW UPDATED WITH FOLLOW-UP REPORT...
By Brad Friedman on 2/6/2020 1:31pm PT  

A few days ago, I ran the :30 second preview for this report from David Goldstein of CBS-2 Los Angeles on the new,100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems being deployed to all polling places in Los Angeles County (the nation's most populous) for the first time in the critical 2020 elections. I am seen in the preview responding bluntly to how much confidence voters should have in this new system, as paired with the response to the same question from Goldstein by L.A. County Registrar-Recorder/County Clerk Dean Logan.

We now have Goldstein's full video report and it's posted below.

The first countywide use of the $300,000,000 system, ten years in development, will be for the upcoming Super Tuesday primary on March 3rd in California. What could possibly go wrong? Well, just ask Iowa.

But, beyond that, I've spent a great deal of time in recent weeks, months (and, yes, years) specifically detailing what could go wrong, from the fact that...

  • these systems were recently "conditionally certified", by CA Sec. of State Alex Padilla, despite warnings from experts after they were found to have failed failing to meet more than 40 California Voting Systems Standards;
  • that the computer-marked paper ballots it creates can be changed by the system without voters knowledge after they are supposedly verified by voters and then run back through the same printer path that printed them in the first place;
  • that a recent study found that 93% of voters do not notice when a BMD system has flipped one of their votes;
  • that Los Angeles County is being sued by Beverly Hills because the system only displays four candidates in any given race at a time, which means that voters could hit the NEXT button to go to the next race, without ever seeing all of the voters in the contest (something that is also not a problem when using a more reasonable, sensible, much less expensive hand-marked paper ballot system);
  • that this system could result in voters not being able to vote at all, if there is a power or internet outage or ransomware attack;
  • and that even if voters succeed overcoming all of these obstacles and manage to correctly verify the computer hasn't changed their vote, there is till no way for anybody to know after an election, whether any vote has been printed accurately as per any voter's intent!

That's just some of the concerns about these systems --- and they are true for the new system being deployed in L.A. called VSAP for "Voting Solutions for All People", as well as for other similar systems being deployed for the first time this year in critical battleground states like Georgia, Pennsylvania, North Carolina, Texas and elsewhere, for some insane reason.

Anyway, while I'll have more to say about this on today's BradCast later tonight, I'm happy that at least a few corporate media outlets are waking up to these concerns. Too few, if you ask me. Perhaps more will do so after what's happened in Iowa. But, for now, here's the full report now from CBS-2 Los Angeles' David Goldstein, as aired Tuesday evening on the 11 o'clock news.

WATCH...

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




Also: Tragic death of an L.A. icon and listener calls on all of the above...
By Brad Friedman on 1/27/2020 6:09pm PT  

On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]

But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.

In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.

Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.

But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.

That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...

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Guest: Heather Digby Parton; Schiff's powerful plea; CA Sec. of State 'conditionally certifies' VSAP touchscreens, adds curious 'hand-marked paper ballot' provision, Beverly Hills sues over system's critical flaw...
By Brad Friedman on 1/24/2020 6:17pm PT  

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

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

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

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

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

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

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

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

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

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

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By Brad Friedman on 1/20/2020 3:07pm PT  


The Public Comment period regarding certification of Los Angeles County's 100% unverifiable new touchscreen Ballot Marking Device (BMD) system ends today (Jan. 20th at 5pm PT).

As we have been discussing in great detail recently on The BradCast, the new system failed its independent certification tests, by revealing more than 40 violations of California Voting System Standards. Nonetheless, CA Sec. of State Alex Padilla appears set to certify these horrific new unverifiable voting systems anyway in time for its first time county-wide use in the critical March 3rd Super Tuesday Presidential Primaries.

Here is the letter I wrote to the Public Comment address (VotingSystems@sos.ca.gov) earlier today, advising against the certification of these machines and in favor of HAND-MARKED paper ballots instead for all...

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




Guest: Historian, author Richard Hayes Phillips, Ph.D; Also: Security experts worried about L.A.'s new, uncertified, unverifiable vote system...
By Brad Friedman on 1/17/2020 6:45pm PT  

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

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

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

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

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

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

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

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

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

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

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Bombshells from Giuliani's right-hand man; GAO says Trump Ukraine scheme unlawful; Senators sworn to 'impartial justice' by SCOTUS Chief; Major design fail found in L.A.'s $300M vote system; L.A. County Clerk finally responds to our coverage...
By Brad Friedman on 1/16/2020 6:23pm PT  

Really just blockbusters and bombshells from top to bottom on today's BradCast. From historic impeachment proceedings to game-changing disclosures to potentially big legal trouble for L.A.'s imperiled new touchscreen voting system. [Link to complete show is posted below summary.]

First up, the historic Impeach Trial of Donald John Trump got officially under way in the U.S. Senate today, with a solemn oath-taking ceremony administered by Chief Justice of the U.S. Supreme Court John Roberts who will preside over the trial that could determine whether Trump remains President of the United States.

But before we even got there on Thursday, the non-partisan Government Accountability Office (GAO) came out with its finding that the Trump Administration did, indeed, violate federal law last year when it withheld hundreds of millions of dollars in aid to Ukraine as appropriated by a bipartisan vote of Congress. "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law," the decision says, finding that the White House Office of Management and Budget (OMB) "withheld funds for a policy reason, which is not permitted under the Impoundment Control Act." That matter is at the heart of Trump's impeachment.

But before the GAO findings were released on Thursday morning, or Senators could take their oath to do "impartial justice" as jurors on Thursday afternoon as the impeachment trial began, Rachel Maddow's Wednesday night blockbuster interview on MSNBC with Lev Parnas, the Soviet-born right-hand man to Trump's personal attorney Rudy Giuliani, shook up just about everything and everybody. Parnas, facing charges of campaign finance violations, sung --- and sung like crazy. On everybody. "Everybody was in the loop," he said.

He claimed Donald Trump knew from the jump about the scheme to strong-arm Ukraine to announce an investigation of Joe Biden to help his 2020 reelection bid. So did Vice President Mike Pence, former National Security Advisor John Bolton, Secretary of State Mike Pompeo, Congressman Devin Nunes and even Attorney General William Barr. We share a few clips from Maddow's jaw-dropping scoop of an interview --- with a recommendation that you go check out the whole thing (which is set to have a Part 2 on Thursday night), before we move on to a few blockbusters and bombshells closer to home out here on the west coast.

Earlier in the week, we broke exclusive details on the pending certification of a brand-new, $300,000,000 unverifiable touchscreen voting system set for first time use in Los Angeles County --- the nation's largest --- in this year's March 3rd Super Tuesday primary elections. As we reported, independent testers hired by the Sec. of State's office to carry out certification testing of the new systems discovered more than 40 violations of California Voting System Standards as the Public Comment period for certification of the County's "Voting Solutions for All People" or VSAP system ends this coming Monday. Given the enormous problems with the system set for use in the critical 2020 Presidential election, we have been urging voters to send public comments seeking a HAND-MARK paper ballot system instead of the failed, unverifiable new touchscreen systems, to the Sec. of State at VotingSystems@sos.ca.gov.

All the while, L.A. County Registrar-Recorder/County Clerk Dean Logan has refused, for months, to respond to our serious questions about the systems or appear on the show. Well, we've got some new news today on all of that, including a potential lawsuit by the City of Beverly Hills, whose City Council, according to LAist's Libby Denkmann, has voted to approve a suit after discovering the effects of a serious design flaw in the system. The new VSAP tablets only display four candidates per race, before a voter must select a "MORE" button to be taken to a second page. That "MORE" button is right next to the "NEXT" button on the tablet voting system. And that "NEXT" button, takes voters to the next race on the ballot without voters ever even seeing the additional candidates in the race. This is a very serious flaw that is likely to cause havoc for candidates whose random positions on the ballot come as Number 5 or higher in any given race, including in the upcoming Presidential primaries. (If I'm Dean Logan today, I am praying that Bernie Sanders doesn't draw the fifth or later position on the March 3rd Democratic ballot!)

That matter is just one of several that Logan has either refused to speak to or has mislead on when I questioned him, or tried to, as I detail on today's program. But, given the noise we've caused over the past several days with this on The BradCast, Logan finally deigned to offer a Twittered response, excoriating our coverage of the certification testing failures. We share his misleading response in full on today's program, along with a number of the serious points that he either failed to respond to at all, or is attempting to mislead the public about in his tweeted answers. (For example, the fact that after a computer-marked ballot has been supposedly "verified" by the voter, it is sent back through the same printer path where it could be changed by the system with no way for the voter to ever know.)

Finally today, as if that's not enough blockbusters for you, Desi Doyen joins us for the latest Green News Report with our special coverage of Tuesday night's 2020 Democratic Presidential Debate in Des Moines, the last one before voting begins next month, and one in which our climate crisis, at long last, was front and center throughout much of the forum, happily enough...

Download MP3 or listen to complete show online below...

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Also: Fall out from yesterday's exclusive news on major security failures discovered in Los Angeles' new $300M voting system, and much more...
By Brad Friedman on 1/14/2020 5:58pm PT  

On today's BradCast, as we wait for the House to send Donald Trump's Articles of Impeachment to the Senate, and we wait for the Senate to begin his impeachment trial, and we wait for Tuesday's night final Democratic Presidential debate before the Iowa Caucuses, and we wait for primary voting to begin in earnest next month, the fight for voting rights and for the way voters will cast their votes has been long underway, and it cannot wait any longer. [Audio link to complete show is posted below summary.]

We've got several major court victories today in the fight for voting rights, and a follow-up to yesterday's exclusive revelations of the massive failures discovered in the new, 100% unverifiable touchscreen voting systems set for first-time use in the critical 2020 Presidential election cycle in Los Angeles County, the nation's largest voting jurisdiction.

First up today, a Wisconsin state courts of appeals panel has stepped in to put a freeze on the massive voter purge of some 200,000 voters, as demanded by a rightwing legal outfit and a state court judge who was apparently willing to do their bidding. A three-judge panel on Wisconsin's District 4 Court of Appeals put the brakes on Ozaukee County Circuit Court Judge Paul Malloy's order to immediately remove the voters and on his $250/day fine against each of the three Democratic appointees to the state's Elections Commission who oppose the purge.

The voters who failed to respond to a verification postcard sent by the Commission were disproportionately found to be located in the state's most Democratic-leaning jurisdictions. They had been initially set for removal from the rolls in 2021, until Wisconsin's so-called Institute for Law and Liberty filed suit and found a very friendly judge in Malloy. He recently ordered the immediate removal of the voters, despite opposition from both the Democratic Commissioners and the state's Democratic Attorney General Josh Kaul. The ruling by the appellate court to protect as many as 200,000 voters is key in a battleground state said to have been won by Trump by just 23,000 voters in 2016.

Today's decision in WI somewhat echoes a ruling by a federal judge in New York State late last week, who ordered that voters determined to be "inactive" due to a failure to respond to mailings or bad information from the U.S. Postal Service, must be listed in poll books on Election Day. A failure of so-called "inactive" voters to appear in poll books at state precincts led to chaos and disenfranchised voters during the 2016 election in New York.

During the course of last year's trial in this matter, it was revealed that both members of the State Board of Elections and New York City Board of Elections found that many voters on the "inactive" list should not have even been on the list in the first place. Federal District Court Judge Alison J. Nathan ruled that State Board of Elections' procedures were in violation of both the U.S. Constitution's 14th Amendment Equal Protection Clause and the National Voter Registration Act of 1993.

Then, we turn to some of the fall-out from the hornets nest we helped kick over on Monday's BradCast, when we detailed major security defects discovered by state certification testers in Los Angeles' new "Voting Solutions for All People" (or VSAP) voting system. The brand-new $300 million system, as we discussed in details on yesterday's program, is yet to be certified for use in California by Sec. of State Alex Padilla, but he is expected to sign off of it despite the massive failures discovered by the analysts that could put the 2020 elections in jeopardy in the nation's largest voting jurisdiction, thanks to the completely unverifiable and highly flawed new touchscreen voting systems.

Today, we share some of the responses we've received following yesterday's blockbuster show and some of the public comments sent by listeners to the Sec. of State seeking rejection of the new system in favor of hand-marked paper ballots for all voters. Letters must be sent to VotingSystems@sos.ca.gov before the Public Comment period for certification ends this Monday, January 20, at 5pm Pacific Time!

Finally, we're joined by Desi Doyen for the latest Green News Report, with some news on a family feud and potential climate change shake-up at Rupert Murdoch's Newscorp in the wake of the devastating Australian bushfires that have ravaged the country for weeks; new details on the extraordinary costs of our climate crisis; and the weekly arrests of climate action champion Jane Fonda...

Download MP3 or listen to complete show online below...

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Could be approved for 2020 anyway. Public comment period ends soon! Hand-marked paper ballots needed in nation's largest jurisdiction!
Also: Booker out; Trump still lying about Iran; NBC covers huge e-vote security prob...
By Brad Friedman on 1/13/2020 6:17pm PT  

On today's BradCast, after a necessarily quick news round-up today (on Cory Booker dropping out of the Democratic Presidential nominating contest and the Trump Administration's continuing attempt to lie about about Donald Trump's unlawful assassination of Iranian General Qassem Soleimani), we get on to the most important business of the day --- at least for voters in the state of California, though all across the country as well.

Brand-new, 100% unverifiable computer touchscreen Ballot Marking Device (BMD) voting systems, which all voters at the polls will be forced to use for the first-time in the 2020 Presidential election in Los Angeles County, beginning with the March 3rd Super Tuesday primary, are currently undergoing the CA state certification process. The $300 million system is failing state security and certification testing miserably, according to documents buried at the CA Sec. of State website, and reported on today's program for the first time.

In addition to producing a computer-marked ballot that can never be verified as reflecting any voters' intent after an election, documentation of state certification tests of the new "Voting Solutions for All People" system (or VSAP), reveal a myriad of incredibly serious security failures and violations of state law, according to experts we've consulted.

As we detail on today's program, the testers have discovered, among other very serious concerns, more than 40 violations of California Voting System Standards, including findings that reveal:

  • The VSAP system can be booted from a USB drive that would bypass all security and logging protections and that access to the master account is needed for too many things, meaning that "too many people have access to the root password," according to state testers. That means "The excessive root access and the ability to boot the system from a USB port give access to the system by unauthorized individuals. Either scenario can result in undetected changes to files and data...Both scenarios can allow functions to be executed in non-intended ways. The unrestricted access to, and the ability to boot from, the USB port allows access to voting data";
  • Many problems were discovered with security regarding encryption and cryptography in the new system;
  • The testers discovered "It is possible to insert or remove ballots from both the BMD and ballot transfer boxes without detection";
  • "The printer cover allows access to the ballot box and can be opened without detection";
  • "Seals, locks, labels and sensors can all be bypassed" without detection.

Those are just some of the many findings that led one national voting system and cybersecurity expert to wryly describe the results to us as "not good" and another to describe the system as "a security fail".

Nonetheless, CA Secretary of State Alex Padilla could still certify the systems for use in the 2020 primaries and general election anyway, following the passage of a law he championed in 2013 as a State Senator that gives the SoS the ability to approve the use of new voting systems, even if they fail both federal and state testing, for actual elections.

The very quiet Public Comment period regarding certification of the unverifiable, unsecure VSAP touchscreen computer voting system ends next Monday, Jan. 20, 2020 at 5pm Pacific Time. We are urging those concerned to contact the state at VotingSystems@sos.ca.gov immediately to ask them to not certify this dangerous, unverifiable system, and to require a HAND-MARKED paper ballot for all voters at the polling place in this year's crucial primary and general elections.

We offer much more frightening detail on all of this on today's program regarding the dangers of this type of voting system as they are proliferating not just in Los Angeles County, but also in key battleground states such as Georgia, Pennsylvania, North Carolina and many others before the critical 2020 elections begin in just weeks time!

We appear to be the only media outlet, to our knowledge, reporting this important information on the failed VSAP tests out of California, so please share widely! We cannot afford to wait until corporate media bother to notice (such as NBC News, which just noticed on Friday a very serious concern about modems in voting systems in several battleground states that we had covered on The BradCast more than six months ago!)...

Download MP3 or listen to complete show online below...

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Guest hosted by Angie Coiro with Patrick Poblete and Richard Clarke on UAW Strike, Wisconsin Voting Machines, Cybersecurity...
By Angie Coiro on 9/16/2019 5:27pm PT  

Welcome to another BradCast! I'm in for Brad and Desi today - Angie Coiro, heard on some of these same stations and streams with my own show, In Deep with Angie Coiro.

Best wishes to Brad and Desi while they take care of family business. If you haven’t read Brad’s post about what’s going on, please do. There’s no better time than now to support the Blog in every way you can.

First up is what I imagine would be Brad's headline story, too: the latest in the ongoing Wisconsin voting machine drama. PATRICK POBLETE from WisPolitics covers the story. The jawdropper: state officials felt they had bigger priorities than to check out reports of potential vote-hijacking.

A big fat news roundup includes two Elizabeth Warren stories: her campaign's endorsement by the WFP, and her newly-announced plan to attack DC corruption. Some of it strikes me as a bit pie-in-the-sky, but why not aim high?

Then a long excerpt from my interview earlier this year with RICHARD A. CLARKE, about his book The Fifth Domain.

And more more more. Check it all out!...

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!




Guest: SMART Elections co-founder, documentarian Lulu Friesdat: Also: RGB treated for pancreatic cancer; David Koch dies; Trump blows up markets, trade war with China; Amazon burning...
By Brad Friedman on 8/23/2019 6:38pm PT  

Just before airtime for today's BradCast, everything seemed to blow up at once (figuratively!) But we do our best to navigate through the most important explosions, including one that is likely receiving little coverage around the country. An astounding vote by the North Carolina Board of Elections --- led by a new appointee of Democratic Gov. Roy Cooper --- has allowed the certification of controversial, new, 100% unverifiable touchscreen voting systems in the state for the 2020 elections. The Board's vote was 3 to 2 against a motion that would have blocked the dangerous and expensive voting systems made by ES&S, with the newly-appointed Democratic chair voting with the Board's two Republicans to kill the motion. It had been put forward and supported by the two Democratic Commissioners and supported by virtually every public commenter who packed today's SBE meeting. We discuss that remarkable news and much more with our guest today. [Audio link to full show is posted at end of article.]

But first, a few of the other items blowing up in today's news that you have likely heard a bit more about than the very bad news out of NC today. The U.S. Supreme Court released a statement that Justice Ruth Bader Ginsberg has completed radiation therapy for a malignant cancerous tumor discovered on her pancreas at the end of July, but that there is no evidence of the disease remaining in her body at this time. The 86-year old Justice underwent surgery for lung cancer in December and was diagnosed with colorectal cancer in 1999 and pancreatic cancer in 2009.

Rightwing billionaire David Koch has died, according to his brother Charles. Collectively, the pair had raised and spent about $1 billion on elections and in support of almost exclusively Republican candidates and causes in recent years. Just last week, brother Charles was allowed to absurdly opine in a Washington Post op-ed that "both sides" of the political spectrum "have made it harder to come together as a country."

And, the Dow Jones took another 600+ point dive on Friday, after China announced retaliatory tariffs on U.S. goods and as Donald Trump pitched a tirade on Twitter in response. Not only did he announce intentions to double-down several times in kind today, but he also attacked his own Fed chair Jerome Powell by calling him an "enemy" of the U.S. and comparing him to China's Chairman Xi. But, that's not all. He then absurdly declared that he has "hereby ordered" U.S. companies to stop doing business with China and their 1.4 billion consumers. White House officials, as well as Republicans in Congress and rightwing business groups were reportedly left dumbstruck by the President's latest and increasingly unhinged Twitter pronouncements as he headed off to France for a G-7 summit with allies --- and as the market headed sharply "south" in response to it all.

With the figurative national cancer in the White House seemingly metastasizing quickly at this point, and with corporate media focused almost exclusively on the horse race elements of the 2020 Presidential election, we look once again toward the quickly deteriorating track conditions on which next year's horses will be running. That issue has received a lot of coverage on The BradCast over the past several weeks, if not from the rest of the media, including news of the federal judge finding Georgia's entire touchscreen voting system unconstitutional; voting and tabulation systems discovered online in at least ten states, including several battleground states, despite claims by elections officials and private vendors that the systems were never connected to the Internet; ransomeware attacks that have shutdown city government computer systems in 22 Texas municipalities over the past week; and the successful efforts by citizens in New York, Pennsylvania and Georgia to demand new security reviews of recently certified, hackable touchscreen voting systems.

But the wild twists and turns in the battle against the new systems in the battleground state North Carolina came to a shocking and disappointing conclusion today, after scores of citizens spoke out against the dangers of the new computer-printed, barcoded ballot system being unleashed in the state. While largely the only person to testify in favor of the systems was a representative of the company selling and servicing them, the State Board of Elections certified them for use anyway, with the help of the Board's new Democratic chair voting with its Republican Commissioners in a series of stunning 3 to 2 votes.

We spoke to a number of folks on the ground in NC today, who testified against the new systems, and they were both stunned and furious. Frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (a plaintiff in the successful federal case against Georgia's touchscreen voting machines) is a North Carolina resident who testified today. She sent me a statement just before airtime: "As a North Carolina voter I am embarrassed by the level of ignorance shown by three of the five members of the Board. The arguments they made wouldn't pass muster in fifth grade civics class." Another opponent of the new systems, Lynn Bernstein, an election security advocate, aerospace test engineer and ardent supporter of hand-marked paper ballot systems also spoke today and told me afterward that the new Chairman Damon Circosta "couldn't cite a single reason" for his vote, "other than he has confidence the new system will be fine."

We're joined today by longtime, award-winning journalist, columnist, documentarian and SMART Elections co-founder LULU FRIESDAT for her response to today's stunning news from NC, which she says she regards as a "coup" that will allow the new, unverifiable touchscreen voting systems next year in the closely divided battleground state of North Carolina as well as other jurisdictions such as Philadelphia and Los Angeles, unless the public can rollback this alarming trend.

"We have state after state after state --- we have this in Pennsylvania, in Philadelphia, we've had it in New York, they had it in Kansas --- it's the same ES&S machines. And now you're seeing it in North Carolina, where you have a vast majority of citizens coming to these Board of Election meetings saying 'We want hand-marked paper ballots! We want voting systems that we can trust! We don't want touchscreen barcode systems!' And the election officials are putting in place those electronic touchscreen barcode systems that are the exact ones that people are protesting against."

She cites broad donations by vendors to many of the officials tasked with selecting the systems and passing statutes which allow them.

We also discuss the disturbing news out of DefCon's Voting Village a week ago, where she witnessed new voting and electronic pollbook systems --- like the ones now set for use in NC --- being easily hacked by attendees in minutes time. "This is the third year that they've had a Voting Village, where they have voting machines that are in use in the United States available there. And each year it becomes more clear that really, every system is extremely vulnerable. There was not a single system there, to my knowledge, that was not penetrated in some way, or they didn't find vulnerabilities," Friesdat tells me.

And, finally, we discuss her newly-launched effort at SmartElections.US to help train and organize voters nationally to help oversee our own public elections via her new #CountTheVote citizens initiative to help people "get involved on a very local level" .

CountTheVote will be "training people who care across the country, in county by county, especially targeting states where we know this is really going to come down to the wire, swing-states, giving people the toolkits that they need and the skills and information they need.," she explains. "You can have conversations with your election officials to try to influence them to purchase secure voting equipment. Get other groups involved to start pressuring them. This is happening all over the country."

Finally, if it seems that the world is on fire of late, that's because it is --- both figuratively (see everything above) and literally, from the Arctic to the Amazon. We close with a few words on the troubling developments in the Brazilian rainforest where that country's Trump-like authoritarian climate science-denying leader, Jair Bolsonaro, is actually blaming non-profit groups fighting to save the Amazon rainforest for the global warming conditions and Bolsonaro policies that are actually helping to spark the massive fires in a region of the world that otherwise helps turn climate warning C02 into oxygen. At least it did before the record fires have become to consume the region...

Download MP3 or listen to complete show online below...

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