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Latest Featured Reports | Thursday, April 25, 2024
NY Trump Trial Mid-Week Ketchup: 'BradCast' 4/24/24
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GOP Voter Registration Fraud Scandal 2012...
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Also: No, we weren't 'united' after 9/11. My 'Presidential Speech', written 20 years ago this week. Plus: Callers...
By Brad Friedman on 9/13/2021 6:44pm PT  

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Emily Levy of Scrutineers, Jim Soper of NVRTF; Also: GOP freaks out over Biden's vaccine mandate; Cat 5 super typhoon targets Taiwan...
By Brad Friedman on 9/10/2021 6:58pm PT  

On today's BradCast: There's an old idiom about the importance of "knowing the room" you're talking to. It seems the California Sec. of State and/or her office may be unfamiliar with that old idiom. At least based on the bizarre request they made during a meeting on Thursday with some of the nation's top cybersecurity and voting systems experts, asking them to be "cheerleaders" for the state's voting system security procedures. That, following the recent theft and release of key voting system software by rightwingers that has set the hair of those computer scientists on fire, leaving them to urge the SoS to take "urgent" and immediate "emergency actions" to protect Tuesday's Gubernatorial Recall in the Golden State. [Audio link to full show is posted below this summary.]

But before the inside details on that meeting, Republicans are now predictably freaking out after President Biden announced reasonable, science-based mandates on Thursday, requiring millions of federal employees and contractors to be vaccinated against COVID-19 without an option to test out. There was nothing particular unusual about the executive directive. There are thousands of such vaccines mandates across the country, and have been for decades. They have long been approved by both state and federal courts.

But the GOP, having abandoned any and all actual policy agenda, has become little more than a party of grievance and evidence-free conspiracy theories. Following Biden's new mandates, their heads are exploding as they vow to sue and are equating reasonable new efforts to try and help keep Americans alive (while the Delta variant is surging and infecting and killing more school children) with "tyranny" and "Hitler". Some, including a top U.S. Senate candidate in Ohio, are even encouarging violence against Government officials he is now equating with the "Gestapo".

But that's what Republicans now do. Back here in the Not Crazy World, in places like San Francisco, the city's Health Department announced this week that there have been zero outbreaks of COVID since the school year began in mid-August. That's thanks to universal masking and other common sense requirements for staff and students alike. Contrast that with Florida and Texas and other GOP run states, where schools are shutting down yet again as hospitals are being overwhelmed with cases.

When they're not drama queening about the "FREEDOM!" to infect and kill their friends, family, neighbors and co-workers, they're busy pretending that elections are being stolen from them, despite any hint of evidence to support such serious charges. Lack of evidence this week has not prevented either the former President or rightwing radio host Larry Elder from claiming the ongoing CA Recall election is "rigged" if the popular Democratic Gov. Gavin Newsom is not removed from office...in a state where registered Ds outnumber Rs by about 2 to 1.

But even if there is no evidence to date of the "voter fraud" Trump and Elder are certain is going to rob Republicans of a victory, there is reason to be concerned about the results of the September 14th Recall. As we've been reporting over the past month --- too often exclusively --- the theft by a Republican County Clerk in Mesa County, Colorado of the Election Management System (EMS) software made by Dominion Voting Systems, and its wide release for download by anyone via the Internet, has placed Tuesday's election in peril, according to cybersecurity and voting systems experts.

Last week, eight of them penned an "urgent" letter [PDF] to CA Sec. of State Dr. Shirley Weber, warning her about the serious security breach caused by the release of the key software used to run and tabulate elections in nearly 60% of California counties. Those top experts --- including UC Berkley's Philip Stark, Georgia Tech's Rich DeMillo, the legendary cybersecurity and voting system white hat hacker Harri Hursti, Livermore National Laboratory cyber expert and longtime CA Sec. of State voting system Advisor David Jefferson, Univ. of South Carolina's Duncan Buell and others --- urged Weber, in their letter, to immediately mandate statewide, public, post-election Risk-Limiting Audits in order to ensure both the accuracy of the computer-tallied results and confidence in them by the public.

"It is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted," the scientists wrote to Weber, citing the "critical new risk to the recall election" and how to mitigate those risks.

As we've reported, along with a number of the scientists who sent that letter who have appeared on this program, the Secretary's office, while claiming the state's existing security procedures will protect against any problems (even though the scientists explained otherwise in their letter), seemed to be in denial about the concerns. As we've reported, her office had not even offered a direct reply to the scientists until they and a number of state election integrity advocates were invited to a last-minute video conference meeting with Weber and her staff yesterday.

It was at that meeting where the participants --- again, some of the world's top experts in computer and voting system security --- were asked to be "cheerleaders" for California's current security procedures. Of course, anyone who knows folks like the legendary Hursti would be likely to laugh at that particular request.

We're joined today by two participants in Thursday's video meeting with Weber, longtime election transparency advocate EMILY LEVY of Scrutineers.org and JIM SOPER, co-chair of the CA-based National Voting Rights Task Force, which had also sent a letter to Weber urging improved post-election processes following last month's leak of the Dominion EMS software.

Levy confirmed that participants were asked, to be "cheerleaders" during the meeting. "Absolutely, that did happen," she tells us today, confirming my own reporting with a number of other participants. "And I have to say it was quite surprising, especially when coupled with the turning down of our requests about doing the Risk Limiting Audit. So, 'No, we won't do what you're asking, but we do want you to be cheerleaders for the security of the election.'"

"You know, I will applaud any increase in security procedures that I am aware that they are doing," she added. "But I'm certainly not in any position, and I don't think anyone there is, to put our reputations on the line saying  we'll swear by the security of this election. Especially if they're not going to be increasing auditing procedures."

Both Levy and Soper suggested the office seems to understand that the Dominion Election Management System software has now been released, but didn't seem to fully appreciate the threat it poses to the election, as the scientists --- who were also on the video call --- made clear in their letter. "I didn't hear the level of alarm that I think is warranted," Levy notes.

"I think she understands the threat," Soper argued, before explaining that "a big part of the problem is the shortage of time" between now and Tuesday's Recall Election Day. He says, however --- as did UC-Berkeley's Stark, a signatory on the letter, participant in Thursday's meeting and the inventor of the Risk-Limiting Audit protocol --- that there are simplified versions of the RLA format that could be implemented quickly enough and announced for before Tuesday to avoid the appearance of partisanship.

"There is something called a 'Ballot-Polling Risk-Limiting Audit' that they could do," says Soper. "It's not as effective [as a regular, full RLA], but it would be better than doing nothing." He also notes that Weber asked the meeting participants to "send in a little letter with some notes on what we think should be done [and] that they're going to consider 'what can we do?' out of all of these suggestions."

Weber, a Democrat, may not be as concerned as she could be about all of this, as recent polling shows opposition growing to the removal of Newsom. Still, holding ones breath and crossing ones fingers is hardly a recipe for either success or for the protection of election results that voters of all political leanings can have confidence in.

On the other hand, Levy offers several actions that the public can take in the meantime, both from inside and outside of California, to help oversee and secure the election and try to ensure its integrity, via her Scrutineers site.

Finally today, we close with yet another warning of yet another monster hurricane. This time, it's the Category 5 Super Typhoon Chathu that recently spun up in record time. It's now set on a deadly collision course with Taiwan. Just more fallout from our ever-worsening climate emergency in yet another record storm season fueled by non-stop man-made global warming...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Legal journalist Mark Joseph Stern; Also: Cybersecurity and voting system experts alert CA SoS to stolen election software threat to Recall...
By Brad Friedman on 9/7/2021 6:07pm PT  

We're back! Luckily it was a slow news week while we we're off last week, right? Okay, maybe not. So, on today's BradCast we begin to pick up on just some of that "slow" news. [Audio link to full show is posted below this summary.]

After nearly month or so of trying to ring alarm bells for the national media and election officials in California, hoping they would connect the dots between the ongoing CA Gubernatorial Recall election and the threat of Dominion Voting Systems election software stolen from a Mesa County, Colorado's County Clerk's office (apparently BY the Mesa County Clerk herself!) and released into the wilds of the Internet, we had some progress late last week!

Eight of the nation's top cybersecurity and voting systems experts sent an urgent 3-page letter [PDF] to CA Sec. of State Shirley Weber, warning her about the threat that the stolen software now poses to the CA Recall (Election Day is next Tuesday, Sept. 14th) and the need for her to immediately mandate a statewide post-election Risk Limiting Audit to both ensure the computer-tallied results are accurate and to offer confidence in those results to those who may think they are not. That, no matter who wins or loses. As we reported late last week at The BRAD BLOG, the scientists, in their letter to Weber, warn the Secretary that "it is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted."

Associated Press reported on the letter as it was released last Thursday, as did we. But the response from the SoS' office for now is, shall we say, somewhat lackluster. We hope to have more on this as the week progresses and Election Day nears. But at least it's not only us with our hair on fire about these serious concerns.

Next, there were three disturbing rulings issued --- largely in the middle of the night --- by the stolen and packed GOP majority on the U.S. Supreme Court while we were gone or just before we left. All three cases have major consequences. And, in all cases, the rulings were issued without hearings, oral argument, public debate or oversight, or even full explanation from the rightwing Justices.

One "stunning" ruling prevents President Biden from setting U.S. immigration policy, by forcing him to continue the so-called "Remain in Mexico" policy instituted by his predecessor for asylum seekers coming up from Central America; Another blocked the President's moratorium on evictions amid the pandemic; and, perhaps the most disturbing one, as you may have heard, effectively overturns the long-standing precedent of Roe v. Wade's constitutional protections of the right of a woman to have an abortion in the state of Texas. All three decisions were issued with no hearings or public debate and virtually no comment from the Justice's as part of the Court's "Shadow Docket" while they are on Summer break between terms.

Longtime legal journalist MARK JOSEPH STERN has been warning for a while about the increasing use (and abuse) of the "Shadow Docket" by the increasingly activist authoritarian Court, now that it's been packed with three Donald Trump appointees, rammed onto the Court after Senate Republicans did away with the filibuster to do so. Now, as we discuss with Stern on today's program, it should be clear to just about everyone what it is that he's been warning about.

"With the Shadow Dockets, it means that basically we all have to be on high alert 24 hours a day, 7 days a week, because at any time the Supreme Court could issue a monumental decision overturning decades of precedent," says Stern, with little or no warning or explanation.

On the "Remain in Mexico" ruling, Stern observes: "You might have thought that the Supreme Court does not let lower court judges issue sweeping injunctions blocking the President's immigration policies. As you recall, under Trump, the Supreme Court's conservatives leapt in, time and time again, to swat down judges who had tried to halt the former President's immigration rules. But all of that is out the window now that Joe Biden is in the White House. Instead, we have a new principle here that, apparently, the President no longer runs foreign policy." In fact, in this case, that lower Trump-appointed judge actually ordered Biden to enter foreign policy negotiations with Mexico and, astonishingly, the high court let the order stand without comment!

"The hypocrisy here is stunning," Stern argues. "The Supreme Court said that the President gets to make immigration law over and over again under Trump. Remember the travel ban case? Remember the wealth-test case? Remember all of these awful cases where the Supreme Court said Trump can do whatever he wants? And then Biden comes in, and the Supreme Court says Biden can't do anything he wants."

On the eviction moratorium, also overruled by the rightwing Justices, "we're being deprived of any kind of clear debate" via the Court's Shadow Docket, where "the conservatives are awarding themselves more and more power to pretend that debatable decisions in the lower courts are so obviously wrong that they can intervene and resolve them whenever they want."

But, of course, the most egregious item decided without explanation or public debate --- or even a hearing in the lower appellate courts! --- over the last two weeks, is the SCOTUS decision that allows Texas Republicans' new abortion ban law to take effect. The state statute bans all abortions after the sixth week of pregnancy and deputizes citizens to file lawsuits against anyone --- from family members to friends to clergy members to Uber drivers --- who helps a woman in any fashion to obtain an abortion. Such citizen "bounty hunters" will each be awarded at least $10,000 for doing so, under Texas law. All of this, of course, blatantly undercuts the precedent set by SCOTUS in 1973's Roe v. Wade, establishing a Constitutional right to an abortion. And, it's all now being done under the cover of the Shadow Docket, which even Chief Justice Roberts, in this one instance, was forced dissent against.

Whether the Lone Star State's convoluted scheme of deputizing citizens to enforce the law, rather than the state doing so directly, gets around the mandates of Roe is "a huge question, and it's one that I think deserves a full airing, especially after 50 years of Americans enjoying a constitutional right to reproductive autonomy," Stern explains. "It's the kind of thing that would be debated in public if this were a regular case. And also, traditionally in the law, there's a really strong bias toward the status quo, to keeping things as they have been until the Court can have a full and fair hearing on the merits. We didn't get that hearing here, and yet the Court refused to step in and maintain the status quo of abortion access. So we are left with the nation's second largest state shuttering its abortion providers and forcing women to flee out of state if they want to terminate a pregnancy."

So, what, if anything, can be done about the emboldened far-right's abuse of the Shadow Docket at SCOTUS? We discuss that as well, including measures that could --- and, arguably should --- be taken immediately by Congress to reign in an out-of-control Court. Those measures, however, would likely require Democrats to reform the Senate filibuster in order to enact them --- ya know, just as Senate Republicans did to jam these far-right activist jurists onto the Court in the first place, where they are now using the Shadow Docket to, cowardly, run wild. And, all of that, before SCOTUS even begins its term on the first Monday in October, when, Stern predicts, there is even more bad news regarding freedom and civil rights in these United States...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: Ernest A. Canning; Also: Deadly record flooding in TN and from Tropical Storm Henri; Another rightwing talker dies of COVID; And we win the first court victory against GA's anti-voting, anti-press freedom law!...
By Brad Friedman on 8/23/2021 6:15pm PT  

Today on The BradCast, important, helpful advice for progressives in California's Gubernatorial recall, and we win a first court victory against Georgia's new anti-voting and anti-press freedoms law! [Audio link to full show is posted below this summary.]

But first, Desi Doyen joins us for the latest on the record-smashing deluges in both Tennessee, where at least 22 are dead following 17 inches of rain in less than 24 hours, an all-time record and triple what had been forecast --- and on the Northeastern Seaboard where Hurricane (turned Tropical Storm, Turned Tropical Depression) Henri is wreaking absolute havoc. All just the latest examples of our worsening climate change emergency, as Desi explains.

Next, we had a court victory in Georgia on Friday! The first one, in fact, to knock down a provision of the state Republicans' abhorrent anti-voting bill, SB 202. And, I'm proud to say, it happens to be one of the provisions on which I am the named plaintiff representing the media. The lawsuit, filed by the Coalition for Good Governance (CGG), is one of eight suits currently challenging various provisions of the law. CGG's suit, among other things, challenges a number of anti-First Amendment press freedoms jammed into the statute, along with the voter suppression stuff and the provisions which allow the state to take over county boards of elections and subvert election results.

The specific provision struck down by the federal court [PDF] on Friday, criminalized all photography of voter ballots by the public and/or media. Given the state's new, huge touchscreen voting systems, it's now almost impossible to not see a voter's ballot when media or the public attempt to observe voting inside of Peach State precincts. Unfortunately, in addition to striking that one down, the judge allowed several other provisions in this early challenge to stand, though CGG Director (and frequent BradCast guest) Marilyn Marks told me over the weekend there will be much more to come in this case, as they are deciding whether to pursue reconsideration and/or appeal of several parts of the judge's early ruling. While a small victory, for now, it also establishes that the Coalition has standing to sue in this case and that, too, is encouraging good news.

Next, it's on to the ongoing, idiotic --- but deadly serious --- California Gubernatorial recall, in which Republicans, unable to win regular elections, are hoping to unseat popular progressive Democratic Gov. Gavin Newsom, who is otherwise up for reelection next year anyway. Vote-by-Mail ballots have been sent to all registered state voters (at the cost of hundreds of millions of dollars, thanks to those "conservative" Republicans), but, curiously, while Newsom and the Democrats are calling on voters to vote NO on the ballot's first question ("Should Newsom be recall and removed from office?"), they are calling on voters to leave the second question ("Who should replace him, if he loses on Question 1?") completely empty! "Vote No and go!," Newsom and state Dems have recommended.

As our guest today, ERNEST A. CANNING, a longtime progressive Democrat, both writes at The BRAD BLOG and explains on today's show, that strategy may be extraordinarily ill-considered and could backfire on Dems. Instead, after culling through the records (or lack thereof) of every non-Republican, non-Libertarian candidate on question two of the recall ballot (there are 46 candidates in total), Canning, in his "One Progressive's Guide to the CA Recall," explains why he believes the best strategy for progressives is to vote for the Green Party's Dan Kapelovitz on question two.

Both of the leading party candidates (far-right talk radio host Larry Elder for the Republicans and 29-year old real estate mogul and YouTube sensation Kevin Paffrath for the Dems), among other things, oppose Newsom's common-sense, life-saving mask and vaccine mandates and vow to lift them if elected.

Kapelovitz, on the other hand, a criminal defense attorney, both supports the Governor's science-based mandates that have been so successful in the state, and opposes the recall of Newsom itself on question one. He says he's running to stave off a worst-case scenario, according to Canning, should the currently "dead heat" first question result in the unthinkable removal of the Governor.

We also discuss the questionable Constitutionality of CA's more than 100-year old recall process (built into the state constitution by an anti-corporate Republican-turned-Progressive Party Governor in 1911) which could allow a new Governor to be elected to the nation's most populous state with far fewer votes than the current Governor actually receives to stay in office on the very same ballot. And, there's also the troubling matter that this election could have serious national ramifications. California's 88-year old U.S. Senator Dianne Feinstein may need to be replaced at some point before her current term ends in 2024. If a Republican, like Elder, becomes Governor and appoints a fellow Republican to her seat, control of the U.S. Senate would immediately revert to Mitch McConnell and the GOP.

So, yes, this CA Recall, as dumb as it is, matters. And it's important for progressive voters to pay attention, fill out a hand-marked paper ballot, and hopefully deliver it in person to a polling location or a drop-box by September 14th.

Finally, speaking of rightwing talk radio hosts, we've been reporting on a number of them who used our public airwaves to spread disinformation about COVID deniers and its vaccines, before finding themselves hospitalized or killed by the disease in recent weeks. One of them we've covered since his hospitalization in mid-July is Nashville's popular, nationally-syndicated Phil Valentine. After spending months mocking the seriousness of the virus and making fun of the life-saving vaccines, Valentine was announced dead over the weekend, after weeks on a ventilator, on what was reportedly his 62nd birthday...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: Penn State climate scientist, author Dr. Michael E. Mann on the U.N. IPCC's alarming new 'code red for humanity' climate assessment
Also: TX warrants for arrest of Dem lawmakers; CDC urges vaccines for pregnant women; CA vax mandates for teachers; Senate Dems pass $3.5T reconciliation bill framework...
By Brad Friedman on 8/11/2021 6:27pm PT  

The Washington Post leads its story on this week's startling new climate assessment by the U.N.'s Intergovernmental Panel on Climate Change (IPCC) by calling back to the earliest, prescient warnings issued by the panel more than 30 years ago "that humans were fueling a dangerous greenhouse effect and that if the world did not act collectively and deliberately to slow Earth’s warming, there could be 'profound consequences' for civilization itself. "The scientists were right," they declare, citing evidence from the latest alarming iteration of the IPCC's dire report released this week. But, as our guest, one of the scientists who contributed to the panel's 2001 Nobel Prize-winning assessment, explains on today's BradCast, there is still time to act to avoid the worst consequences of having ignored the early alarm bells. But we are very much now on a "knife's edge". [Audio link to full show is posted below this summary.]

First up today, however, some very quick news: On Texas Republicans issuing arrest warrants for Democratic state lawmakers who are fighting to prevent the GOP legislature from instituting new voter suppression measures; On the CDC urging vaccination of pregnant women amid a surge in COVID hospitalizations, miscarriages and deaths of expectant mothers; On California mandating either vaccination or regular testing for all teachers and school staff as the new school year begins; And on the overnight passage in Congress of a framework for the Democrats' landmark $3.5 trillion budget reconciliation bill that is to designed to expand health care, child care, education and much more, including long overdue measures to finally take on our worsening climate emergency by reducing reliance on the fossil fuels that are quickly hastening the deadly effects of global warming.

Amid a summer marked by seemingly endless and catastrophic heat waves, wildfires, floods and droughts across the globe, the 6th IPCC Climate Assessment comes not a moment too soon. Described by the U.N. Secretary-General this week as a "code red for humanity", the latest report, coming 8 years after the previous one, now cites "unprecedented" warming that has already occurred, and unstoppable catastrophes to come if the nations of the world are unable to immediately begin to sharply decrease the dangerous burning of fossil fuels.

We're joined today by DR. MICHAEL E. MANN, Distinguished Professor and Director of the Earth System Science Center at Pennsylvania State University. He is also the author of more than 160 peer-reviewed publications and numerous books on climate change and the battles to avoid its most cataclysmic effects. He is also one of the few climate scientists who spoke up early and loudly about the desperate need for action by our political leaders. Happily, as we also discuss today, there are now many more such scientists who have joined in that existential effort.

"What's different about this latest report is that now the scientists really are standing on the rooftop of the tallest building, shouting at the top of their lungs that dangerous climate change is here," Mann tells us. He says the new IPCC assessment "finally connects the dots in a way that previous reports haven't. And it does so in a profound way, because we are literally watching the disastrous impacts of climate change playing out right now in real time."

Mann breaks down what the new, non-partisan study, compiled by nearly 250 of the world's leading climatologists, synthesizing some 14,000 peer-reviewed studies from over the past 8 years, means for the public in general, policy makers specifically, as well as the fossil fuel industry and even his fellow scientists.

Policy makers "have to act now," he charges. "Not ten years from now. Not twenty years from now. We need to decarbonize the planet, our global economy, as quickly as possible." Mann also notes the "fortuitous timing" of the $3.5 trillion budget bill from President Biden and the Democrats now moving through Congress, which, he says, "really does have meaningful climate policy" to narrow "the implementation gap" between what politicians are saying and the "policies that actually get us there."

As to the science revealed by the U.N.'s new assessment, Mann details our various potential paths outlined by the report, predicated on the choices that world leaders now make, and whether any of those paths can prevent us from exceeding the maximum 2 degrees Celsius warming over pre-industrial times that scientists have long warned would result in irreversible damage to nature, society, and humanity itself.

"The report, I think, defensibly concludes that we can still prevent the worst impacts from playing out, if we can hold temperatures below 1.5C.  I think the weight of evidence suggests that we can still keep all of this within what you might call our 'adaptive capacity' as a civilization.  Once we go beyond 2C, you're starting to test the limits of that adaptive capacity. Once you get to 3C, 4C, or 5C, it's appropriate to start talking about civilization-ending climate change," Mann explains, before adding: "But we can avoid that.  That's a critical point.  That does not have to be our future. That's a future of inaction."

That, as the report notes global temperatures have already spiked by about 1.1 Celsius (almost 2 degrees Fahrenheit) on average since the 19th century, a trend which will almost certainly require decades to reverse, even under the best-case scenarios.

There is, of course, much more to our conversation, including what Mann derides as "doomism" among those inclined to take action to meet necessary goals such as reaching net-zero emissions by mid-century, if not earlier, but who may have decided that it's just too late, that only a miracle can save us now. He compares "doomism" to the worst of "denialism" by the fossil fuel-funded nihilist fighting AGAINST taking action. He also takes another shot at billionaire Bill Gates, whose book on climate Mann and I discussed on his previous appearance on the program earlier this year.

"To reduce carbon emissions, as the report says we need to, as energy experts say we can, we don't need a miracle , Bill Gates. Sorry. But we have the technology now to do this. What we need is the political willpower. If we do that, we really can keep the warming to a level we can adapt to."

Whether he's right remains to be seen. So far, however, the scientists have been right about pretty much everything else on this front. The only real question is if we're finally willing to listen to them and take the immediate action they have long been urging us to take...

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Guest: Richard DeMillo of Georgia Tech's School of Cybersecurity; Also: New UN climate report warns humanity faces 'unprecedented' danger...
By Brad Friedman on 8/9/2021 6:44pm PT  

Today on The BradCast, it's both "Code Red for humanity", according to the authors of the new report released today by the UN's Intergovernmental Panel on Climate Change, synthesizing some 14,000 climate studies from the past 8 years. And it's also "code red" for American elections, most immediately, here in California. [Audio link to full show is posted below this summary.]

New polling out last week finds that the otherwise ridiculous Republican attempt to recall Democratic Gov. Gavin Newsom is now supported by some 46% of those polled. In short, the effort to remove the Governor (for reasons nobody can quite explain, other than Republicans can no longer win regular statewide elections in the state) is now a dead heat. Who would replace Newsom if he's recalled? That is also unknown, as scores of Republicans are vying for the position, should voters choose "Yes" to recall the Governor on Question 1 of the ballot on September 14th. If a majority of voters do vote "Yes", then whoever wins on Question 2 on the ballot becomes the next Governor of the most populous state in the nation.

So, the stakes are pretty high. Which is just one of the reasons that it is so troubling that some of the largest counties in the state, including Los Angeles, San Diego and Riverside, all offer voters 100% unverifiable touchscreen voting systems when they vote in person at the polling place.

The good news is that, due to the pandemic, the Secretary of State is sending all registered voters a hand-marked paper Vote-by-Mail ballot for the Recall. The bad news is that many voters, for various reasons, will use those unverifiable touchscreen Ballot Marking Device voting systems at the polling place instead. If enough of them do, it will be strictly impossible after the election to know if any of the computer-marked ballots printed by them actually reflect the intent of any voter.

The further bad news is that an ongoing federal lawsuit in Georgia, where plaintiffs hope a federal judge will permanently ban the state's brand new touchscreen computer Ballot Marking Device (BMD) voting systems made by Dominion, has recently produced some disturbing news. One of the nation's top voting systems and cybersecurity experts, J. Alex Halderman of University of Michigan, hired by plaintiffs Coalition for Good Governance, has been given access to the Dominion ImageCastX systems used across the state, and his findings are reportedly so troubling, that the federal judge in the case has sealed his report, even from the plaintiffs themselves!

Last week, in a public declaration [PDF] in the case, Halderman warned his testing of those very systems "has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes," in a way that the state's mitigation techniques will not prevent. He says that his findings must be "urgently" reviewed by both the Sec. of State in Georgia as well as Dominion. But neither is allowed to see his report under the judge's seal, and neither has filed a motion to ask the Court to unseal it for them.

As my guest notes today, apparently they'd rather not learn about the vulnerabilities in their own systems. "If the report has anything approaching the level of vulnerability that Alex describes in his summary report, they would have to do something about it. So not knowing anything about it, gives them some breathing room" to try and figure out what they should do next, he tells me.

Why is this a problem for California? Because it is one of several states where some counties use the exact same system made by Dominion. Both San Diego and Riverside use the Dominon ImageCastX system at the polling place, where voters could end up removing the Governor in just over a month. Next door, in Los Angeles County, a similarly unverifiable touchscreen Ballot Marking Device is now used at the polls.

Moreover, a study that Georgia's Sec. of State carried out last November, to determine if voters actually bother to review their computer-marked ballots printed out by the touchscreen systems before casting them, found that almost none of them did. The results of that study were kept secret by GA's Sec. of State Brad Raffensperger, and only released last week, after the Atlanta Journal Constitution obtained the results via GA's Open Records Act.

So what could all of this mean for California? Should anyone be surprised by either the results of the GA Sec. of State's study or the troubling findings by Halderman? Should these unverifiable and vulnerable BMD voting systems ever be used by any voter in an American election (other than disabled voters who may choose to use an assistive device)? And, by the way, is there any evidence that these systems may have somehow stolen the very close election for Joe Biden over Donald Trump last year in Georgia?

We're joined today by longtime cybersecurity and voting systems expert RICHARD DEMILLO, founder of Georgia Tech's new School of Cybersecurity and Privacy. He offers some cold, hard, well-informed thoughts on these systems and why Halderman's report may have been sealed by the federal judge in Atlanta. He also offers advice on whether voters in California, Georgia or any other state should ever choose to vote on one of these systems when the option of using a hand-marked paper ballot is available to them.

"The more machines you use, the more likely it is that they're going to be hacked. It's just a matter of numbers. The machines are vulnerable. There are people that are adversarial that want access to the machines. The more you make it available to them, the more likely it is that they'll be used that way," states DeMillo. "You're opening yourself up to a lot of risk that seems to be unnecessary."

In the meantime, should voters and election officials in California --- including in Riverside and San Diego, where the same unverifiable and vulnerable Dominion systems are used, as well as those in Los Angeles, where a very similar touchscreen system is now forced on all voters at the polling place --- be concerned about the new, court-sealed findings in Georgia?

DeMillo offers several, unequivocal answers. But, in short, yes, we should all be alarmed.

DeMillo also offers his thoughts on the MAGA argument that Georgia was stolen last year, and says that after requested by CNN to review MyPillow Guy Mike Lindell's "absolute proof" that the election was stolen from Trump (in what turned to be a brutal takedown for Lindell) he finds the only "absolute proof" Lindell offered is that he has absolutely no idea how elections actually work. "Literally, every word that comes out of his mouth about elections and whether or not they were hacked and how they were conducted, is simply contradicted by facts," DeMillo tells me. "There are other things to think about in election security, but that's not one of them."

Finally, we close with a few words (more to come later this week!) on the climate disaster now unfolding in places like Evia, Greece, where thousands were evacuated by passenger ferry overnight this weekend, hoping to outrun massive wildfires amid record heat that has now reportedly destroyed thousands of structures. That, on the same day that the IPCC warns our man-made climate crisis is now "unprecedented" and unfolding even quicker than scientists had predicted only a few short years ago...

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Also: GA SoS hid study finding voters don't check computer-marked ballots; CO Trump lawyers sanctioned; Abbott calls second 'suppression session' for TX legislature; Ossoff files 'Right to Vote' bill in U.S. Senate...
By Brad Friedman on 8/5/2021 7:04pm PT  

As it turns out, after so many years of warnings on The BradCast and at The BRAD BLOG, the local nightly news in Atlanta tonight sounds just like us, when it comes to concerns about the state's new touchscreen voting systems, and the same type of systems that are now used in at least 20% of the country. Of course, an urgent warning from one of the world's top experts, after examining GA's new electronic voting systems, finding they "suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes" does get ones attention. [Audio link to full show is posted at the end of this summary.]

But, first up, two Donald Trump attorneys in Colorado got sanctioned on Wednesday, bigly, for what the federal judge characterized in a brutal 68-page order, as a "frivolous", "not warranted", "bad faith" filing attempting to overturn the results of the 2020 election. It was summarily tossed last year. The judge called out the two lawyers, Gary D. Fielder and Ernest John Walker, for their complaint which, though it included many "sworn affidavits" claiming the election was rigged, actually included "no firsthand knowledge" of any fraud at all. The duo also made no effort to verify an included claim from Trump himself that Dominion Voting Systems had "deleted 2.7 million Trump votes." Describing their effort as "one enormous conspiracy theory," the judge charged the evidence-free allegations amounted to "the stuff of which violent insurrections are made." He ordered the Trump attorneys to pay the legal fees of all 18 entities named as defendants in their suit. More such serious sanctions are likely coming soon for other Trump attorneys as well, including well-known ones, in other states.

Down in Texas, meanwhile, Gov. Greg Abbott has called a second emergency special session of the state legislature to begin on Saturday, as the current one ends on Friday. The session is largely meant to force through a voter suppression bill that has now been blocked twice by state Democratic lawmakers who walked out to block a quorum that would allow passage of the measure in the GOP-controlled legislature. The state Democrats remain, for now, in D.C., where they are pleading with Congress to pass federal voting rights protections, as they remain out of reach of Texas state troopers who have been ordered by the Governor to arrest them and force them to attend what one lawmaker described as Abbot's "suppression session" in the Statehouse.

As a number of Democratic members of Congress call for their August recess to be cancelled, in order to allow passage of both Biden's landmark infrastructure passage and critical voting rights measures at the federal level, Georgia's Senator John Ossoff on Wednesday filed a federal Right to Vote Act. Currently, unbeknownst to many, there is no U.S. law or Constitutional mandate for such an affirmative right to vote for every eligible citizen. Add Ossoff's new measure (and matching legislation filed by Rep. Mondaire Jones in the House) to the list of measures that urgently need passage in advance of 2022 to counter GOP suppression efforts at the state level. Unfortunately, it's also another measure --- along with the For the People Act and John Lewis Voting Rights Advancement Act --- that will require reform of the filibuster first, since the Republican Party has now become little more than a Rightwing Authoritarian party that would never support an Right to Vote law in Congress.

Speaking of Georgia, there has been several remarkable developments over the past several days in the lawsuit by the Coalition for Good Governance seeking to bar the use of Dominion Voting Systems Ballot Marking Devices (BMDs) for all voters at the polling place. The Coalition's suit, which previously succeeded in winning a ruling in federal court that banned the state's 20-year old Diebold touchscreen systems, hopes to replace Secretary of State's 100% unverifiable new touchscreen systems, made by Dominion, with verified hand-marked paper ballots before elections in the state this Fall.

Last week, Atlanta Journal Constitution reporter Mark Neisse uncovered a secret study carried out by Raffensperger during the 2020 election finding that the vast majority of voters (81%) forced to use the touchscreen Ballot Marking Devices, didn't bother to review the computer-marked printouts before casting them for more than five seconds. A smaller majority (51%) either looked at their ballots for less than one second or not at all (20%) before casting their vote. In all, just 19% of voters, according to the Secretary's own taxpayer-funded study of more than 4,000 voters in 39 precincts last November, reviewed their computer-printed ballots to ensure accuracy for more than 5 seconds!

Remarkably, after AJC's Neisse obtained the study's results via GA's Open Records Act, Raffensperger, in a jaw-dropped Orwellian perversion of reality, claimed: "This research shows voters do indeed review their ballots for accuracy before casting them," before falsely asserting the study was "proof the votes that were counted were for the candidates the voters intended." Of course, if the results were so wonderful, it begs the questions as to why Raffensperger kept the study, and its results, a secret from the public.

Making matters even worse, one of the Coalition's own experts --- world-class voting system authority J. Alex Halderman, Director of the Center for Security and Society at the University of Michigan --- was granted access to the Dominion BMDs used in Georgia (as well as other jurisdictions, such as San Diego County, CA) to examine them for vulnerability to hacking and manipulation as part of the court case.

The results of his findings, the Coalition's Executive Director Marilyn Marks tells me, are so damning that the federal judge has refused to unseal them, even to the plaintiffs who hired Halderman! His report is currently sealed to all but the judge and the attorneys on both sides of the case. Neither the defendant, Raffensperger, or the vendor who manufactures and sells the systems, Dominion, according to Marks, have asked the judge to allow them to review the findings. They do not want to see them, for some reason. (Likely, because both would then be legally required to take action on the damning, 25,000-word report.)

For his part, while his specific findings are sealed right now by the court, Halderman has filed an urgent declaration [PDF] about the report, explaining that his findings must be "urgently" addressed by Raffensperger.

"My testing has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes despite the State's purported defenses," Halderman warns in the public declaration.

"Established practice in the security field would require State Defendants to promptly subject Georgia's voting system to rigorous testing in response to my report, to assess the extent and significance of each of the vulnerabilities I described, and to identify and promptly implement specific measures (where possible) to eliminate or mitigate each of those vulnerabilities." [Emphasis in original.]

The alarming declaration was enough, apparently, to spark the attention of local television media to finally cover the story that we've been warning about for more years than we can now count. We share 11-Alive (WXIA)'s very good coverage of this breaking and disturbing news from Wednesday night.

Finally, Desi Doyen joins us for our latest Green News Report, including news on the record heat wave accelerating in Europe and sparking scores of deadly wildfires; as a tourist town in California is now nearly out of water; and much more disturbing news from the bleeding edge of our worsening global climate emergency...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/13/2021 11:07am PT  


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IN TODAY'S RADIO REPORT: Western electric grid stress-tested by massive wildfires and 3rd extreme heat wave in a month; California Gov. Newsom expands state drought emergency declaration; June 2021 the hottest June ever recorded in U.S. history; PLUS: Rightwing weather? Fox 'News' to launch its own weather channel... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 5 ways the West is struggling to cope with historic heat waves; Italy Shielding a Glacier from Heat; 43 bodies found in Arizona borderland amid brutal heat; US drilling approvals increase despite Biden climate pledge; Studies Converge On The Benefits Of A Rapid Clean Energy Transition; Climate Scientists Take Swipe At Exxon Mobil, Industry In Leaked Report; UN Sets Out Paris-Style Plan To Cut Extinction Rate By Factor Of 10... PLUS: On climate policy, there's one main thing and then there's everything else... and much, MUCH more! ...

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Guest: Legal analyst Ernest A. Canning on reforming CA's 110-year old Recall process; Also: TX DEMS FLEE STATE TO BLOCK GOP VOTE-SUPPRESSION BILL PASSAGE IN SPECIAL SESSION...
By Brad Friedman on 7/12/2021 6:05pm PT  

Well, today's BradCast, turned out to be a bit more exciting than planned. [Audio link to full show is posted below summary.]

Just an hour or so before air time, Democratic Texas state lawmakers fled the state en masse to deprive state Republican lawmakers of a quorum during a special legislative session called to adopt a massive voter suppression bill. That, after last year's election was found to have been "smooth and secure", according to state officials. GOP-controlled committees in both the state House and Senate jammed through versions of the bill over the weekend, following overnight sessions in which hundreds of members of the public spoke against the measures.

Nonetheless, outnumbered in both chambers, more than 50 Democratic state Representatives left on chartered flights out of Austin on Monday to deprive Republicans of a legislative quorum. They reportedly headed for D.C. where they hope to press Senate Democrats to pass federal legislation to protect voting rights to help counter the Texas effort and other bills like it being adopted by Republican-controlled states across the country.

The rare move to leave the state --- where they can't be rounded up by Texas law enforcement and forced back to the Capitol --- comes after a Democratic walkout from the state Senate on the final day of the regular legislative session back in May. That walkout ran out the clock on the GOP voter-suppression bill at the time. Now, Dems would have to stay away for almost 30 days --- the length of the special session called by Republican Gov. Greg Abbott --- in order to block the legislative quorum needed to pass the measure in the Lone Star State's House of Representatives. The version of the bill Republicans now hope to pass would, among other things, ban the drive-thru and 24-hour voting sites that helped enfranchise tens of thousands of Houston voters last November, criminalize election officials mailing absentee ballot applications to voters and add new ID restrictions for mail-in voting, which is already incredibly difficult in Texas. All of the measures, according to voting rights experts, are both unnecessary would serve to disenfranchise marginalized voters, from minority groups to students to the elderly. We will, of course, be following this story closely in the days ahead.

Meanwhile, out West, blazing hot temperatures and extremely dry conditions amidst a years-long mega-draught have help sparked enormous fires in Washington, Oregon, Nevada, Arizona, Idaho, Colorado and California. The record fires, heat and drought are part of the cumulative effect of man-made climate change now devastating the nation and the planet. A massive fire in Oregon over the weekend disrupted service on three power transmission lines providing up to 5,500 megawatts of electricity to neighboring California. The power cuts, amid record heat, threaten a state already facing dire water shortages. Last week, Governor Gavin Newsom called for voluntary cutbacks in water usage of 15% by residents, agricultural operations and other businesses. Over the weekend, state power officials asked customers to cut back power usage.

With those multiple, very real emergencies now under way (including the rising threat of the Delta variant of the coronavirus in a state that has otherwise managed the pandemic very well under Newsom's leadership), the popular Democratic Governor now faces a GOP-funded recall election in just over two months time.

If Newsom were to be removed from office on September 14th, it would be only the second time in the state's 110-year history of the Gubernatorial Recall process. The last time was in 2003, when Republicans similarly ran a well-funded, professional misinformation and outrage campaign in order to oust a Governor. Newsom, elected to his first term in 2018, would otherwise face reelection next year anyway.

Late last week at The BRAD BLOG, our longtime legal analyst ERNEST A. CANNING highlighted the long, fascinating, ">progressive history of the state's Recall process, before arguing that it has gone awry in recent decades due to state Republicans' abuse of the process. He has outlined three suggested reforms that make a lot of sense, to help prevent much of the abuse of the process by Republicans in recent years. He argues that GOP policies in the state --- what's left of them --- have become so unpopular that the party is no longer seemingly able to win any state wide elections...unless they can engineer a low-turnout one, as they hope to see against Newsom in September.

"It's critical that everyone who is disgusted by this recall show up and vote," Canning argues. "The fact is, if Californians show up and vote, this recall will go down. But if you don't show up --- that's what the Republicans are banking on."

Among the reforms Canning is calling for after the upcoming Recall effort (which could cost state tax-payers as much as $400 million): Replacing a recalled Governor with the Lt. Governor (usually of the same party as the Governor), instead of holding a separate election for his or her replacement; Eliminating paid signature gathering by professional companies; and limiting the allowable reasons for Recalls of state officials. Canning joins us on today's program to explain and defend all of those suggestions, which he'd like to see put to voters on a statewide ballot referendum as part of the 2022 General Elections.

Finally, we take a few calls at the end of today's surprisingly busy show...

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GOP abuse of the time-honored progressive process is wearing thin...
By Ernest A. Canning on 7/9/2021 11:00am PT  

The idiom, "the road to hell is paved with good intentions", comes to mind when considering both the transformation of California's Republican Party and the Golden State's gubernatorial Recall process since first established by voters on Oct. 10, 1911. Both transformations point to the need for California to either significantly reform or eliminate gubernatorial Recalls altogether.

Our state's Recall process was the brainchild of Hiram Johnson, an immensely popular Republican governor who switched to the Progressive Party after taking office. His progressive bona fides were already on display during his Jan. 13, 1911 Inaugural Address when he declared: "The first duty that is mine to perform, is to eliminate every private interest from the government, and to make the public service of the State responsive solely to the people."

Later that year, in a letter to former President Theodore Roosevelt, Johnson expressed his dismay over then Republican President William Howard Taft's lack of humanity and Taft's belief that government exists only to benefit big business. Johnson expressed admiration for the Progressive Party candidate, Wisconsin Senator Robert M. La Follette, but sought to persuade TR to run against Taft because Johnson believed La Follette would lose. (In 1912, the Progressive Party nominated TR as its Presidential candidate and Johnson as its VP candidate).

As envisioned by Johnson, California's Recall procedures would serve as a form of bottom-up direct democracy that would act as a check against the corrupt influence of corporate wealth and power then being exerted in the Golden State by the Southern Pacific Railroad.

California's gubernatorial Recall, however, has failed to live up to Governor Johnson's lofty expectations. "Since 1911," according to Ballotpedia, "there have been 55 attempts to recall a sitting California governor. The only successful campaign was in 2003 when voters recalled then-Gov. Gray Davis". The Davis Recall was a purely partisan affair made possible only because the wealthy right-wing Republican Congressman, Darrell Issa, invested $1.7 million of his own money to fund a GOP engineered, professional signature gathering campaign. That was coupled, politically, with a disinformation campaign regarding power outages in the Golden State that had been engineered by the infamous, corrupt and now defunct Texas-based energy company, Enron.

This year's gubernatorial Recall against California's Democratic Governor Gavin Newsom is being wielded as an anti-democracy cudgel by an increasingly authoritarian Republican Party --- a Party which morphed into an instrument of the very corporate wealth and power Gov. Johnson hoped the Recall would serve to defeat. The Newsom Recall was initiated because the unpopular CA GOP realizes its only prospect for winning a statewide election at this time lies in what it hopes is a low-turnout election; albeit, a special election that will cost California taxpayers an estimated $400 million.

Last week, California's Lt. Gov. Eleni Kounalakis, a Democrat, set the date for the Newsom Recall Election for Sept. 14, 2021. Per a recently released UC Berkeley poll and a May 25 Public Policy Institute poll, it appears likely that a significant majority will cast a "No" vote. Nonetheless, given the abuse of the process by state Republicans, CA Democrats, who hold a super-majority in the State legislature, would do well to place a proposition on the November 2022 general election ballot to reform or even eliminate the gubernatorial Recall process altogether...

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Guest: BRAD BLOG legal analyst Ernest A. Canning; Also: CA GOP's Newsom recall falling flat so far; Israel, Hamas agree to cease-fire; GOP disgraces self, infuriates cops by trying to block Jan. 6th Commission...
By Brad Friedman on 5/20/2021 6:45pm PT  

On today's BradCast, the fight for truth and justice continues from Palestine to Washington D.C. to Los Angeles, CA. [Audio link to full show is posted below summary.]

Just before airtime today, encouraging news broke that Israel and Hamas have agreed to a cease-fire after nearly two weeks of fighting that left at least 230 Palestinians (including at least 65 children) dead in Gaza, and 12 Israels (including two children) dead on the other side. The promised pause in hostilities comes after President Biden's long-overdue pressure on Israeli Prime Minister Benjamin Netanyahu, which came after pressure from Congressional Democrats on Biden.

Republicans in Congress, meanwhile, revealed once again this week the bad faith with which they are supposedly "working" with Democrats. After the top Democrat and Republican on the Homeland Security Committee in the House negotiated a deal for the structure of an evenly partisan divided, independent commission to examine the deadly January 6th insurrection at the U.S. Capitol, the GOP minority leaders in both the House and Senate whipped their own members to reject it. Nonetheless, the House passed the resolution to create the Jan. 6 Commission on Wednesday, after some stunning and dramatic debate, with 35 Republicans joining all of the Dems to adopt the Commission. The rest of the House GOPers scoffed at the attack on the Capitol and even at the U.S. Capitol Police themselves, the very law enforcement officials who risked life and limb to protect all Congressional members on that shameful, historic day. The measure must still overcome a Republican filibuster to be adopted in the Senate, where Mitch McConnell is opposing with lies about it being "unbalanced", in hopes of protecting his party, his counterpart in the House, Kevin McCarthy, and our disgraced former President who incited the riot.

Meanwhile, back here in California, we catch up with the GOP's ongoing recall attempt of progressive Democratic Governor Gavin Newsom, whose poll numbers are on the rise, as the rates of COVID infections, deaths and positive tests are now among the lowest --- if not THE lowest --- in the nation. The CA GOP, unable to win statewide elections anymore, unless they can fool voters during a low turnout recall election, had cited Newsom's handling of the pandemic and the state's homelessness crisis as reason to unseat the first term Governor in a recall election later this year.

As our guest today, retired attorney and longtime BRAD BLOG legal analyst ERNEST A. CANNING explained in a fascinating post this week, however, a federal judge may have recently buttressed Newsom's case when it comes to his efforts on the housing crisis in the Golden State as well.

Specifically, while noting the high marks given to the Governor in the judge's ruling in the case filed by the Los Angeles Alliance for Human Rights seeking federal intervention on the homelessness crisis in L.A. City and County, U.S. District Court Judge David Carter's 110-page decision cites the real reason for, as Canning described it, "the nightmare of homelessness at the heart of a place that dares to call itself the City of Angels."

Canning explains Judge Carter's "eye-opening" historical revelations as he detailed a century of systemic racism and corruption in Southern California that has directly resulted in the crisis which now disproportionately affects African-Americans. From "racially restrictive covenants, redlining and eminent domain" used by Los Angeles "to racially segregate neighborhoods" to "Ku Klux Klan violence [that] further targeted Black families who resided in majority white neighborhoods" to sea-side property taken "from Black families and turn[ed]...into a whites-only park," the judge offered an insightful and maddening history of the horrors that have come to haunt all of us --- or, certainly should --- here in Southern California.

"There were no African Americans," says Canning, where he went to school while growing up in SoCal in the 50s and 60s. "The thing that Judge Carter reveals is that that didn't happen by happenstance. Back in 1910, 36% of African Americans were living in racially-diverse neighborhoods, and they were homeowners. In steps, the KKK, enforcement of racially restrictive covenants, redlining, and eminent domain" changed all of that. "We're not talking about Georgia or any of the former Confederate states, we're talking about Southern California."

I hope you'll take a look at his coverage of Judge Carter's ruling here.

Finally, Desi Doyen joins us for our latest Green News Report, with some not horrible, landmark news from the International Energy Agency on how the usually fossil fuel-friendly agency is now calling for reaching net zero carbon emissions by 2050; and some incredibly exciting news on Wednesday night's unveiling by the Ford Motor Company of their brand-new, game-changing, all-electric F-150 Lightning pick-up truck, that could just save the world...and power your entire house for days...

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