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Latest Featured Reports | Monday, January 27, 2020
Sunday 'Elephant in the Room' Toons
Another unavoidable set of the week's best toons in PDiddie's latest collection...
Dems Wrap at Senate Trial; CA Approves Unverifiable Voting in L.A.: 'BradCast' 1/24/20
Guest: Heather Digby Parton; Schiff's powerful plea; CA SoS certifies new touchscreens, adds curious 'hand-marked paper ballot' provision...
'Even Puts Nixon to Shame': Damning Evidence at Senate Trial: 'BradCast' 1/23/20
Repubs called out for blocking key docs, witnesses; Dershowitz, Graham cited for flipping 1998 positions; Fox 'News' bags out; 'Doomsday Clock' nears 'midnight'...
'Green News Report' 1/23/20
  w/ Brad & Desi
Big Oil rebrands for climate change; Trump DOJ and Big Oil in cahoots; U.S. drinking water more toxic than previously known; PLUS: Greta's dose of climate reality for Davos...
Previous GNRs: 1/21/20 - 1/16/20 - Archives...
Impeachment Trial Begins With a Trial About Holding a Trial: 'BradCast' 1/21/20
Repub Senate blocks document, witness subpoenas as White House offers remarkably hypocritical defense...
'Green News Report' 1/21/20
World's oceans hottest ever recorded; Climate change worries Wall Street; PLUS: Federal court dismisses climate kids' lawsuit...
My Letter to CA's SoS on L.A. County's New, Unverifiable Touchscreen Voting Systems
Dangerous VSAP system must not be certified! HAND-MARKED paper ballots needed for 2020 elections!...
Sunday 'Ding Dong the Witch is...' Toons
PDiddie documents yet another week over the rainbow in his latest toon collection!...
On Bernie's 'Electability':
'BradCast' 1/17/20
Guest: Historian, author Richard Hayes Phillips; Also: Security experts worried about L.A.'s new, uncertified, unverifiable vote system...
A Statistical Response to the Charge That Bernie Sanders is 'Unelectable'
Analysis of 2016 primary election numbers in three key states appears to counter the allegation...
Parnas Sings, Sen. Trial Begins, Suit Against L.A.'s New Vote System: 'BradCast' 1/16/20
D.C. bombshells; Huge fail in L.A.'s $300M vote system, County Clerk finally responds...
'Green News Report' 1/16/20
GNR SPECIAL COVERAGE: Climate change pervades the final Democratic presidential primary debate before 2020 voting begins...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Speaker holds back Trump impeachment articles to force McConnell to allow witness testimony; Also: Goods news for NJ, GA voters; Update on VerifiedVoting.org controversy; Two important new e-voting exposés...
By Brad Friedman on 12/19/2019 5:43pm PT  

On today's BradCast: As messy as the process of passing two Articles of Impeachment against rogue President Donald J. Trump was, the post-impeachment phase got messier still on Thursday, as Democrats stood strong --- at least so far --- in their fight for a fair impeachment trial in the Republican-controlled U.S. Senate. We've also got some important election integrity and voting rights news, along with our final Green News Report of the year. [Audio link to show follows below.]

Before we get to today's impeachment standoff, we finish out a few points from shortly after we left air on Wednesday night, including a review of the late vote on those historic Impeachment Articles in the House --- and some thoughts on Tulsi Gabbard's less than courageous vote of "present" --- as well as the surprising emergence of the backbone being displayed at the moment by House Democrats.

In a blistering response to Senate Majority Leader Mitch McConnell's repeated admissions in recent days that he is working hand-in-glove with the White House and has no intention of serving as an impartial juror in the Senate trial to decide whether the President should be removed from office, despite his Constitutional mandate to do so, House Speaker Nancy Pelosi told reporters on Thursday: "Our Founders, when they wrote the Constitution, suspected that there could be a rogue President. I don't think they suspected that we could have a rogue President and a rogue Leader in the Senate at the same time."

We do our best today to bring you up to date on the ugly and quickly moving story of what has come today from McConnell's --- and, shamefully, fellow juror, Sen. Lindsey Graham (R-SC)'s --- attempt to make a mockery of the Senate trial by rigging it in favor of the White House in refusing to allow first-hand testimony from witnesses of Trump's alleged high crimes and misdemeanors. That, despite Graham's own insistence from 1998, when he served as a House Manager for Bill Clinton's impeachment, that "in every trial that there has ever been in the Senate regarding impeachment, witnesses were called. When you have a witness telling you about what they were doing and why, it's the difference between getting the truth, the whole truth and nothing but the truth."

Those archival video-taped remarks came courtesy of an ad released on Wednesday from Republicans for the Rule of Law to call out Graham. It is in response to McConnell and Graham's refusal to allow testimony from a number of top Administration officials who were first-hand witnesses, but who failed to answer lawful subpoenas for testimony and documents in the U.S. House. The witnesses sought by Democrats and by a huge majority of Americans of all parties (including 64% of Republicans and 72% of independents) include Trump's acting Chief of Staff Mick Mulvaney, Sec. of State Mike Pompeo, and former National Security Advisor John Bolton.

Then, we move to some quick election integrity and voting rights news as the first votes in the 2020 elections are now just weeks away. In New Jersey this week, the Democratic Governor signed a bill to restore voting rights to 73,000 people across the state who are currently on parole or probation.

In Georgia, after Republican Sec. of State Brad Raffensberger was allowed to purge more than 300,000 voters earlier this week amid an ongoing lawsuit to prevent the removal of at least 120,000 of them, his office was forced to admit today that at least 22,000 had been wrongly removed due to what Raffensberger's office describes as an error in the state's screening process. The Admission came just hours before another hearing in federal court, leading plaintiff Fair Fight Action to demand that "every voter purged this week" should be "reinstated immediately."

We also have a quick update on the recent internecine battle at e-voting watchdog VerifiedVoting.org after the courageous resignations of now two well-respected members of their Boards of Directors and Advisors. (We interviewed the first of those to quit, Prof. Philip Stark of UC-Berkeley on a BradCast last week, after which the resignation of the second, Prof. Rich DeMillo of Georgia Tech --- who we have also interviewed a number of times --- was made public as well.)

The public resignations were in response to Verified Voting's disturbing years of support for 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems now proliferating the country in advance of the critical 2020 elections, and their frequently misleading information about how post-election audits could be used to verify results on such unverifiable systems. This week, the group finally responded to the embarrassing and costly pushback they have been receiving from Election Integrity advocates.

There were also two very important stories published this week on the very serious concerns about e-voting systems in advance of 2020. The first, "How New Voting Machines Could Hack Our Democracy," by attorney and Twitter activist Jenny Cohn at New York Review of Books, is a disturbing and encyclopedic exposé on the dangers and failings of BMDs, the Election Integrity groups such as Verified Voting who have failed to adequately warn against their use in American elections, and the private vendor/election official revolving doors and payoffs that have brought us to this perilous moment.

The second investigative article, out today from NBC News, reviews the shady ownership and shadowy manufacturing processes that runs through China and the Philippines at the nation's largest electronic voting company, Elections Systems & Software, Inc. (ES&S) of Omaha, Nebraska.

Finally, Desi Doyen joins us for the latest Green News Report (our last one of the year!), with more disturbing news out of Australia, more bad news for our oceans, troubling news about the disturbing high costs of fracking and, shockingly, some kind words about global financial services behemoth Goldman Sachs!...

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

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Special Coverage with Heather Digby Parton of the U.S. House floor debate over 'Abuse of Power' and 'Obstruction of Congress', as the 45th President of the United States becomes 3rd in history to be impeached...
By Brad Friedman on 12/18/2019 5:06pm PT  

The President of the United States has now been impeached for only the third time in our nation's history. After 11 hours of debate on the U.S. House floor on Wednesday, a furious Donald John Trump was impeached on Articles of 'Abuse of Power' and 'Obstruction of Congress'. He also makes history as the first President to be impeached in his first term.

On today's special BradCast coverage, we share remarks from the House floor debate, both in favor and against the Articles of Impeachment, from Speaker Nancy Pelosi and Representatives James Sensenbrenner (R-WI), Justin Amash (I-MI), G.K. Butterfield (D-NC), Kathy Castor (D-FL), and Clay Higgins (R-LA).

We are joined, once again, for analysis on this historic day by our good friend and award-winning journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo. We discuss the arguments (or lack thereof) offered on the House floor on Wednesday from Democrats and Republicans. We debunk a number of the false arguments offered by Republicans in lieu of any actual defense of what the President has been accused of. And we look toward what happens next when (and if!) the Articles are conveyed to the U.S. Senate for a trial on the removal from office of Donald J. Trump...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Climate crisis; Impeachment madness; 2020 debates; GOP voter purges...
By Brad Friedman on 12/17/2019 6:45pm PT  

The gods must be angry. But they have very good cause. Among the stories covered on today's BradCast [Audio link to show is posted below]...

  • At least four were killed and dozens injured as some 27 tornadoes reportedly ripped across the Deep South causing "total chaos" on Monday and Tuesday. In December. Is that normal?;
  • DNC Chair and former Labor Secretary Tom Perez steps in to help resolve a labor union dispute at Loyola Marymount University in Los Angeles that had threatened to derail Thursday's 2020 Presidential Debate. Now, it won't. And the union workers got a great deal out of it;
  • Nine Democratic Presidential candidates, led by Sen. Cory Booker (who did not qualify for Thursday's debate), petition the DNC to relax qualification thresholds for upcoming Presidential debates. The Party says it won't;
  • Another former Trump campaign officials is heading to jail. Rick Gates, Trump's former Deputy Campaign Chair and a top Transition official, receives 45 days in jail, three years of probation and a $20,000 fine for fraud and lying to federal investigators --- to which he pleaded guilty last year. His sentence comes despite prosecutors seeking no jail time after Gates had cooperated with federal officials in Robert Mueller's Special Counsel probe, by helping to to secure guilty verdicts against Trump Campaign Chair Paul Manafort and longtime Trump associate Roger Stone;
  • Donald Trump unleashed a bizarre, blistering, six-page, single-spaced, Donald Trumpian rant, disguised as a letter to House Speaker Nancy Pelosi [PDF] on Tuesday, decrying his looming impeachment as a "perversion of justice" by Democrats. The jokes seem to write themselves here, but for how pathetically sad, dangerous and threatening to our Constitutional order the behavior of this President of the United States now actually is;
  • That threat continues to spread to Congress, where the House Rules Committee on Tuesday set terms for Wednesday's House Floor debate on the two Articles of Impeachment against the President, as Rep. Jim McGovern, Chair of the Committee said he looks at Trump's attempt to use Ukraine to help him win the 2020 election as "a crime in progress", with Democrats "trying to prevent the President from rigging the next election";
  • While over in the Senate, Republican Majority Leader Mitch McConnell refused a request from Minority Leader Chuck Schumer to subpoena the testimony of four top Trump officials who were first-hand witnesses to Trump's Ukraine extortion plot. The officials, whose testimony is sought for the almost certain upcoming impeachment trial in the Senate --- in which Senators are supposed to serve as impartial jurors to determine whether Trump should be removed from office --- include Chief of Staff Mick Mulvaney and former National Security Advisor;
  • As McConnell continues to rig the Senate trial on behalf of Trump, Plan B for the removal of this President involves the ballot box. There too, Republicans are attempting to rig next year's election results. In Wisconsin, which Trump reportedly won by just 23,000 votes in 2016, a Republican-appointed Circuit Court Judge ordered the removal of more than 200,000 voters from the voting rolls before the 2020 election. The voters were previously set for removal in 2021 as the Wisconsin Elections Commission had planned, and as the League of Women Voters had argued in favor of. A rightwing group sued to have them removed before 2020 instead, and the GOP-appointed judge agreed. Dems vowed today to re-register them;
  • In Georgia, a federal judge allowed the purge of more than 300,000 voters identified by the Republican Sec. of State for moving or failing to vote in recent elections. But voting rights advocates argue that approximately 120,000 of them should not be on the list at all. The judge allowed the mass removal to move forward on assurances from the state those voters can be quickly restored after further hearings on the matter;
  • But, it's not just rightwing controlled states where voter registration concerns are rearing their ugly (if expected) head before 2020. Due to what is being described as a "computer glitch" related to the state's new, automatic registration system, as many as 100,000 voters in California may have had their party preference incorrectly changed on their registration files in advance of next year's upcoming March 3rd Presidential primary. The state's rules for who can vote in which party primary are particularly confusing. So, its a very good idea for residents who believe they are registered to check their registration at VoterStatus.SOS.CA.GOV to make sure they are still registered, and for the party they think they are. Those who are registered as permanent "No Party Preference" vote-by-mail voters but who wish to vote for a Presidential candidate in a party primary on March 3rd, will need to make that request with their County Registrar very soon or will receive a vote-by-mail ballot with no Presidential candidate options!;
  • Finally, Desi Doyen joins us for the latest Green News Report, as the U.N. climate talks in Madrid end without an agreement, but with much disappointment and rancor, thanks in no small part to sabotage by the U.S., and a new report finds the Greenland ice melt is on track for scientists worst case-scenario predictions of catastrophic sea level rise by the end of the century.

The gods have very good reason indeed to be angry again today...

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

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Guest: NC Sen. Erica D. Smith; Also: Dems call for former Repub Amash to be named a House Manager, and other late impeachment updates...
By Brad Friedman on 12/16/2019 6:45pm PT  

On today's BradCast: I've seen a lot of scams pulled off by the nation's largest (and, arguably, most failed) private voting system vendor over my more than decade and a half of covering Election Integrity in the U.S. But what ES&S is now trying to pull off in North Carolina may take the cake. It has also outraged a State Senator who is running for U.S. Senate in 2020 who joins us on today's show to discuss it. [Audio link to show follows below.]

First up today, however, a quick Impeachment update. Freshman Democrats --- both progressives and Blue Dogs --- have begun a campaign to have former Tea Party Republican-turned-independent Rep. Justin Amash serve as one of the House impeachment managers in the (most likely) upcoming impeachment trial in the U.S. Senate of Donald J. Trump. It's an excellent idea....which is why we originally suggested same as far back as May of this year.

Meanwhile, very late on Sunday night --- actually, very early Monday morning --- the House Judiciary Committee submitted its 169-page impeachment report [PDF] to the House Rules Committee, charging that Trump committed "multiple federal crimes" including bribery and wire fraud. The Rules Committee will pass that report on to the House Floor where a vote on two Articles of Impeachment on Abuse of Power and Obstruction of Congress is set to occur as soon as Wednesday. If all goes as generally planned, the Articles will be conveyed to the U.S. Senate for a trial to remove the President after the first of the year.

Over the weekend, Democrats, including House Judiciary Chair Jerrold Nadler and Senate Minority Leader Chuck Schumer, pushed back against Senate Majority Leader Mitch McConnell's recent admission on Fox "News" that he is coordinating "everything I do...with White House counsel" regarding impeachment. Nadler described McConnell's statements --- since Senators serve as supposedly impartial jurors in Senate impeachment trials --- as a "subversion of Constitutional order", noting that the Constitution requires Senators take an oath to do impartial justice before serving as jurors in such trials.

For his part, Schumer over the weekend sent a letter to McConnell requesting subpoenas for four Trump officials, including Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton, to serve as fact witnesses during the trial. If Republicans will not allow witnesses in the trial, some have called for Dems to hold off the trial until the courts determine whether subpoenaed witnesses must testify to Congress, or until after next year's election, should Trump be reelected.

But speaking of the possibility of Trump's reelection, we have been covering in detail the insane deployment of 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in jurisdictions around the country in advance of 2020. Most notably, battleground states Georgia and Pennsylvania tried them out for the first time in last month's off-year election and the systems failed miserably, even during sparsely attended municipal elections, with some voters being forced to wait for an hour to cast their ballot. In Northampton County, PA machines the new ES&S ExpressVoteXL systems recorded zero votes for a candidate who, as it turned out, actually received tens of thousands. Last week ES&S issued an apology for the disaster, taking at least some responsibility for having misprogrammed and/or misconfigured the systems that were used for the first time last month in Northampton and Philadelphia.

At the same time last week, it was revealed in an excellent investigative exposé by Jordan Wilkie at Carolina Public Press, that ES&S, who is submitted one version of their ExpressVote BMD systems for state testing and certification in North Carolina in early 2017, only recently notified the state that they don't have enough of those machines to supply the needs of the state next year. Coming after a two year testing process which ended with certification in August, ES&S is now seeking "Administrative Approval" to skip the state certification and testing process on an updated version of the system. That, even as they had told many other states long ago, according to Wilkie, that the system being tested in NC would not be available for 2020.

Incredibly enough, last Friday, the NC State Board of Elections voted to allow the "Administrative Approval" sought by the company of the new system which many are describing as a "bait and switch" by ES&S. More incredibly, it was passed by the SBE on a 3 to 2 vote, with the Democratic-appointed Board Chair joining with the Board's two Republican members to greenlight the new, untested systems, now set for use in Mecklenburg County next year. Mecklenburg is the closely divided swing-state's largest and most Democratic-leaning county.

We're joined today by STATE SEN. ERICA D. SMITH who has been outspoken and outraged by ES&S's latest scam, along with the SBE's willingness to go along with it. She tells me that the "Administrative Approval" is in violation of state law that she helped pass, and that she intends to take action to try and reverse last week's vote by the Board.

"Unfortunately, they [the Board of Elections] once again supported a machine that has not been tried and tested," she says today. "We passed a law that de-certified all of the older voting machines and required re-certification of the new models. So, in my opinion, they have broken the law or circumvented the law, and have further created disintegration of the public trust in our free and fair and secure elections in North Carolina." Smith calls for hand-marked paper ballot systems to be used instead, and describes falling for ES&S' bait-and-switch scheme and subsequent use of BMDs at this point as "unfathomable".

Smith, a three-term Senator and an engineer by training, also explains that verifiable and more secure hand-marked paper ballot systems are far more inexpensive than the system ES&S is pushing and that both the state Board and Mecklenburg County appear to be falling for. "We should not be substituting convenience for election security," she warns. ES&S "waited until the absolute last opportunity to tell us in North Carolina that they were not going to be able to meet the demand. But they knew that at the time when they accepted the bid." Smith rails. "Once again, it shows that ES&S is indeed a bad actor in this. They have compromised the integrity of this process and we should not let them get away with it."

Smith, a progressive Democrat, is also running for the U.S. Senate nomination in NC next year, vowing to forego all corporate PAC donations and hoping to take on Republican U.S. Senator Thom Tillis in November. She currently leads her closest competitor, Cal Cunningham, for the nomination by 5 points, according to polling last month, and bested Tillis in a head-to-head match-up by 7 points, according to a poll taken earlier this year. And yet, both state and national Democrats have endorsed her opponent, Cunningham. We discuss ALL of these various outrages during a very lively interview with Smith on today's BradCast!...

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

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Guest: Prof. Philip B. Stark, inventor of post-election Risk-Limiting Audits on his resignation from e-vote 'watchdog' VerifiedVoting.org; Also: A tale of two KY Governors and one corrupt U.S. Senator...
By Brad Friedman on 12/13/2019 6:40pm PT  

On today's BradCast, we continue down the long and often-too-winding road toward democracy and justice. [Audio link to show is posted below.]

After some 14 hours of debate on Thursday, the U.S. House Judiciary Committee made history on Friday morning by voting along party lines to approve two Articles of Impeachment --- for Abuse of Power and Obstruction of Congress --- against Donald John Trump. It is only the fourth time in America's 243-year history for such a "solemn and sad" event. But Republican Senate Majority Leader Mitch McConnell couldn't even wait for this morning's vote before declaring out-loud on Fox "News" Thursday night that he intends to rig the U.S. Senate's impeachment trial. The Kentucky Senator (who is up for re-election next year) and leader of the Senators who will serve as jurors in the impeachment trial to consider removal of the President early next year --- presuming the full House votes to adopt the Articles next week --- boasted that he has been colluding with the accused in order to assure the Senate trial will be anything but fair.

Speaking of Kentucky and the importance of uncorrupted democracy, on his way out the door, now thankfully-former Republican Tea Party Governor Matt Bevin, who narrowly lost reelection last month in the otherwise "red" state to Democrat Andy Beshear, pardoned and/or gave commutations to 428 convicted criminals. Among those granted clemency are a convicted child rapist, a man who hired a hit man to kill his business partner, and a third who killed his parents. Perhaps most appalling, however, was the pardon for a home-invasion murderer in the second year of his 19-year sentence, after the man's family threw a fund-raiser for Bevin's campaign just last year. (His two accomplices, whose families did not donate to the Governor, remain in jail.)

By way of contrast, the new Democratic Governor, on his second day in office this week, restored voting rights and the right to run for public office to some 140,000 non-violent former felons, leaving Iowa as the only state in the union which still bans all former felons from voting for life. Yes, voting and elections still matter.

But the right to vote and have that vote counted accurately, in a way that we can know it has been counted accurately, continues to be an ongoing fight for Election Integrity advocates across the country as we are weeks away from the start of voting in the 2020 Presidential race. On Friday, several such groups filed a lawsuit in Pennsylvania to block the use of brand new, 100% unverifiable touchscreen Computer Ballot Marking devices made by ES&S, and set for use in the key battleground state next year, after the systems failed to correctly record tens of thousands of votes during last month's municipal elections. The suit seeks to block the new touchscreen systems from use and to require hand-marked paper ballots instead in at least 17 percent of the state, including Philadelphia. Failure in that much of the state next year would be more than enough to throw the results of the 2020 Presidential election one way or another in the critical swing-state.

After those new systems failed so catastrophically during their first use last month (as new, similarly unverifiable touchscreen systems did in Georgia on the same day), long-time, previously well-respected e-voting watchdog group VerifiedVoting.org seemed to help both elections officials and private vendors off the hook by endorsing so-called Risk-Limiting Audits of some of the computer-marked paper ballot summaries produced by the systems in both states.

That appears to have been the last straw for Verified Voting's Board of Directors member Prof. PHILIP B. STARK of UC-Berkeley. Stark, a math and statistics professor, as well as a Board of Advisors member on the US. Election Assistance Commission (EAC) is the inventor of the post-election Risk-Limiting Audit (RLA) protocol. He has been trying, in recent months, to make clear to elections officials and vendors that RLA's of computer-marked (versus hand-marked) paper ballots are "meaningless" [PDF], because its impossible to verify that they reflect voter intent. With Verified Voting jumping in to publicly praise GA and PA's use of such tests to proclaim that reported results accurately reflected voter intent, Stark submitted a blistering resignation letter [PDF] to the group.

The missive, which he shared with me on the night he recently sent it, decries VV's "whitewashing [of] inherently untrustworthy elections by overclaiming what applying RLA procedures to an untrustworthy paper trail can accomplish." He accused the non-profit, non-partisan organization of "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes." His resignation letter charged that the result of VV's action was "security theater, not election integrity."

Stark joins us on today's program to discuss the response to his resignation from leadership at Verified Voting and the other well-respected, world-class cybersecurity and voting systems experts who serve on its Board (many of whom have appeared as guests on The BradCast and sources for BradBlog.com over the years). "Verified Voting retracted a tweet that had claimed that Risk-Limiting Audits, or audits to be conducted in Pennsylvania, would confirm outcomes when they suffered from the same flaw that the audits in Georgia did," he says. "I think in general, the board and I are sorry to part ways. I would gladly go back, if they revised their public position with regard to what audits of an untrustworthy paper trail can possibly accomplish."

[Update: No sooner did we get off air tonight, than the resignation of yet another, very well-respected VV Board Member, Prof. Rich DeMillo of Georgia Tech and former Chief Technology Officer at Hewlett-Packard, became public as well. DeMillo's most recent appearance on The BradCast is here. His resignation letter and a story about it is now posted here.]

Stark also explains --- as I've been very skeptical of the efficacy of post-election audits for many years, for reasons described on the program --- how RLAs work and/or don't. He tells me what type of voting systems he believes to be best for the secure and overseeable casting and counting of votes in American elections (hint: no computers necessary), and much more, including a conversation about just some of the many dangers of computer Ballot Marking Devices (BMD) proliferating the country for 2020, and the ability for voters to cause chaos with them by reporting --- either accurately or not --- that the systems have misprinted their votes on Election Day.

"They're completely vulnerable to crying wolf. Even if an election official trusts public complaints that their votes were altered or contests were missing, then their only recourse is to run a new election, and that opens the possibility for people colluding to cry wolf and have an election invalidated. In the other direction, the incentives are stacked in favor of election officials saying, 'well, it was probably just voter error, we're going to let it stand.'" That, argues Stark, is exactly what we saw last month in Northampton, PA, when elections officials and ES&S claimed that "just by re-tabulating the paper that was printed by technology that malfunctioned big time, they can figure out who really won. It's farce."

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Impeachment debate continues in House Judiciary, Newspapers are in support; First 2020 ballots go out in two weeks; St. Louis County, MO's easy move from touchscreen to hand-marked paper ballots...
By Brad Friedman on 12/12/2019 6:05pm PT  

Desi and I are back for today's BradCast --- (thanks for saving us over the past three day, Nicole Sandler!) --- as the House Judiciary Committee's debate over two Articles of Impeachment against Donald J. Trump continues and with the first ballots for the 2020 elections set to be mailed out in just over two weeks. That, even as many jurisdictions around the nation are still choosing between gambling on faulty new electronic voting systems or moving to safe, verifiable hand-marked paper ballot systems. [Audio link to full show follows below.]

Among the stories covered today...

  • Dems continue to make Trump's reelection easier for him with fresh compromises in Congress, including approval of his new Space Force military branch and expanded paid parental leave for millions of federal workers (as also supported by Trump);
  • The (so far) two-day markup of the Democrats' two Articles of Impeachment against Trump continued into Thursday after opening statements on Wednesday night. We share some notable and pointed clips from Democratic Reps. Steve Cohen (TN), on the President's attempts to undermine American democracy itself; Pramila Jayapal (WA), who accurately describes Trump as "the smoking gun"; and Veronica Escobar (TX) who offers a great analogy to explain how Trump's attempt to force Ukraine to help him in the 2020 election would have landed any other public official in jail;
  • In an attempt at fairness, we searched for hours (and hours) to find remarks from the Republican minority that were not comprised of blatantly false claims, wholly misleading information and/or out and out lies. We failed. We did find Rep. Ken Buck (R-CO), however, apparently characterizing 2016 Green Party Presidential candidate Jill Stein as a "Democrat" and falsely claiming that she filed "a frivolous lawsuit...claiming voting machines were rigged in three states" in 2016. She did no such thing. Nor did anybody else to our knowledge. But that's the sort of knowingly fake news Republicans are now using to try and defend their President from impeachment. They are also claiming that "Abuse of Power" and "Obstruction of Congress" are not actually high crimes and misdemeanors (which would likely come as a delightful surprise to Richard Nixon);
  • Three years into his Presidency, major newspapers are now finally jumping in to support Trump's impeachment --- now that he is already being impeached. That, after many of those same courageous outlets called for Bill Clinton to resign from office within just days of a sex scandal that resulted in his own impeachment. But we do offer some well-deserved kudos to the American Conservative magazine, for their non-hypocritical support of Trump's impeachment, find the case to be "Overwhelming";
  • As to what We, The People, can do about all of this, the first ballots of the 2020 Presidential Primaries will be sent out as early as December 28, just two weeks from now, for military and overseas voters participating in New Hampshire's February 11 primary. And voters from more than a dozen states which are holding Super Tuesday primaries on March 3rd --- including Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont and Virginia --- will begin receiving Vote-by-Mail ballots in just over a month, as of January 18. That's before the Iowa Caucuses on Feb. 3 or the New Hampshire primary on Feb. 11;
  • Nonetheless, there are still many jurisdictions around the country fighting to determine exactly which voting systems they will be using at the polls in the 2020 elections. Recent failures of brand-new touchscreen voting systems in Pennsylvania, Georgia and Texas should spook officials and voters alike, even as officials in the battleground state of North Carolina are facing big problems with their plans to use similarly unverifiable systems.
  • Meanwhile, in Missouri, the most populous jurisdiction in the state, St. Louis County, was able to move seamlessly from unverifiable touchscreen systems to a brand new, completely verifiable, "Print-on-Demand" hand-marked paper ballot system last month with no complications, and at a saving of some $3 million for tax payers!;
  • Finally, Desi Doyen joins us for both good news and bad in our latest Green News Report, as Exxon is exonerated in a big climate fraud case, while 16-year old climate activist Greta Thunberg is named TIME Magazine's 2019 "Person of the Year"!...

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Guest: American Prospect's David Dayen on mag's landmark Green New Deal edition; Also: House GOPers jumping ship (several heading to jail)...
By Brad Friedman on 12/6/2019 6:18pm PT  

On today's BradCast: While many continue to insist the American economy is on a very strong footing, a few others are quietly warning that our climate emergency could break not only the U.S. bank, but the entire world economy --- again --- with a climate-fueled collapse that could make the 2008 Great Recession look like a picnic in comparison. At the same time, there's a whole bunch of Republican deniers in Congress who are getting out while they still can. [Audio link to show is posted below.]

First up, despite claims that impeachment will be a "disaster" for Democrats, it appears to be GOPers who are jumping ship in advance of 2020. This week, three more House Republicans have announced they will not be running next year, with one, just before air, announcing his resignation at year's end after pleading guilty to a federal fraud charge.

As of this week, a total of 19 Republicans elected in 2018 will not be running again in 2020, with potentially more such announcements coming before the year is over, and one sitting GOP Congressman now potentially facing felony charges for voter fraud --- in Kris Kobach's Kansas!

Then, we're joined today by financial journalist, author and now The American Prospect's Executive Editor DAVID DAYEN, to discuss the politics, policy and possibilities of Green New Deal legislation. The magazine has just published a landmark special edition in which they devote all of their coverage (along with their website) to the issue from virtually every angle, as covered by more than 22 reporters, experts and climate leaders. Dayen, who took over the reins at the feisty, progressive non-profit just six months ago, explains why he was moved to devote their latest entire issue to this one matter. He notes the unprecedented breadth of their coverage has actually made him more hopeful, not less, about our ability to achieve the radical change called for by the GND, and the greener --- and safer, and more livable --- future it could bring.

While "the Green New Deal, as a slogan, has gotten us further than practically any climate initiative has in the previous several years," he tells me, "we thought there was a gap in translating it into policy, and showing that it's not only urgent, but it's practical, and it's feasible, and it not only can be done, it must be done." He adds: "We're talking about our planet. We don't have a choice but to make this work....We have the technology on hand today to move to a carbon-free economy. That carbon-free economy will not sink global GDP growth but actually enhance it. And it can equalize our economy. It can create jobs, especially those in places that were hardest hit by the toxicity of the environment to this point."

All of that unlikely optimism aside, Dayen's own recent coverage at The Prospect on the failure of U.S. financial regulators to seriously examine the extraordinary disruption to virtually all sectors of the economy of either a looming climate catastrophe or the costs of mitigating it, should be a wake up call for many. His report cites a new issue brief published by the center-left Center for American Progress warning that the U.S., led by both the fossil fuel industry and a financial sector heavily invested in it, is currently either ignoring the possibility of a potential climate-fueled financial meltdown or actively working to cover up the realities of what could be a damned-if-we-do, damned-if-we-don't reality of either living with or transforming from our current fossil fuel-based economy. As Dayen --- the author of an award-winning 2016 book about the 2008 global financial meltdown --- warns, "our financial system seems to be whistling past a climate graveyard."

We may, in fact, be heading toward "widespread suffering and potential catastrophe. And these risks could manifest at any time." He explains what regulators in the U.S. must do --- and hopefully will do, if Democrats regain a governing majority next year --- to appropriately respond to the many fiscal red flags that so many now warn are merited, with the serious, sober consideration they deserve.

"I hope that it won't take a financial catastrophe to get us to the point where we need to do this," he says. But the cautionary note serves to underscore the importance of the topics tackled by The American Prospect's new and important special edition...

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A day full of both historic and chilling news...
By Brad Friedman on 12/5/2019 6:28pm PT  

Today's BradCast offers some historic news and some chilling news. And some that may be both. [Audio link to show follows below.]

U.S. House Speaker Nancy Pelosi announced on Thursday that she is directing House Democrats to move forward to draw up Articles of Impeachment against Donald J. Trump. It is only the fourth time in our nation's history for such an action. We share Pelosi's somber announcement and the history lesson that it includes, as well as the reaction from the White House, from Trump himself, and the steps that lie ahead in the House Judiciary Committee as we move toward a trial in the U.S. Senate for removal of the President.

The historic action, which reportedly may include as many as four different Articles of Impeachment --- Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair) and Obstruction of Justice (in the Robert Mueller Special Counsel probe) --- has become necessary, according to Pelosi, to save the republic in light of Trump's recently revealed attempts to undermine the 2020 election with help, once again, from a foreign nation.

Then, the Dept. of Justice on Thursday announced two indictments of Russian hackers --- whose whereabouts are currently unknown --- as part of what officials describe as one of the largest cybercrime sprees in U.S. history. The sweeping criminal conspiracy was allegedly led by the two men, who officials have tied to Russian security services. It involves malware designed to defeat anti-virus software distributed by a group named Evil Corp (seriously) and used to siphon more than $100 millions dollars from the bank accounts of companies and even school districts in at least 11 states. The malware phishing schemes reportedly even targeted a small organization of nuns in Chicago.

While that attack has been broad and ongoing over many months, a seemingly separate scheme, also tied to Russians criminals, crippled technology services to more than 100 nursing homes across the U.S. with a ransomware attack on the company that provides the tech services to those facilities. Following a successful emailed phishing attack on November 18, that someone within the company appears to have clicked on, the network of the Milwaukee-based firm was infected, leading the cybercriminals to demand $14 million for the restoration of access to at least 100 hijacked servers. Reporting over the Thanksgiving holiday suggests the company will rebuild their servers rather than pay the ransom. But, in the meantime, some of the nursing homes serviced by the company were unable to access patient records, use the internet, pay employees or order medications. AP reports that ransomware attacks of this kind have been on the rise in 2019, particularly those that target critical public services, with some 70 such attacks in the first half of the year targeting more than 50 cities.

Another victim --- and here's where it begins to get even more chilling --- was the state of Louisiana. They appear to have been attacked on the same day as the Milwaukee tech services company. What makes this attack far more unnerving is that it took place just two days after Louisiana's recent gubernatorial run-off election on November 16.

While the state was quick to stop the spread of the virus, they had to shut down vital state services at dozens of agencies, including the Office of the Governor, the Louisiana State Legislature, the Office of Motor Vehicles, the Department of Corrections, the Department of Children and Family Services, the Department of Health and others, such as the Louisiana Secretary of State's office on the heels of the major runoff elections just two days earlier. Hundreds of computers were affected in the state overall, including those offering elections results to the public at the Secretary of State's website. Had the attack come just days earlier, it might have been devastating for the state's elections, which shamefully require all voters at the polls to vote on 100% unverifiable touchscreen computer voting systems. Had those been knocked out --- or the electronic pollbook systems required to use them --- chaos might have ensued in the closely watched statewide election.

Nonetheless, dozens of other states and counties around the country (many of them battlegrounds and/or highly-populated) are currently moving --- right now! -- to similar computer touchscreen voting systems that rely on working computer networks in advance of the critical 2020 elections. Those systems will be wildly vulnerable next year, where unhackable hand-marked paper ballot systems would not be. Are we insane?

Finally Desi Doyen joins us for the latest Green News Report, with even more chilling news. Though, in this case, it's about the warming of the globe and the GOP Senate confirming yet another lobbyist to a top Trump cabinet seat. Happily, there is a bit of good news in today's GNR as well, regarding California's ban on new fracking, and teen climate activist Greta Thunberg's safe arrival back in Europe for this year's U.N. climate conference in Spain...

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Special coverage of the first official House Judiciary hearing on Trump's impeachable offenses, with guest Heather Digby Parton...
By Brad Friedman on 12/4/2019 5:27pm PT  

As we try to tell you damned near everyday here on The BradCast, everything is ultimately about elections. All of it. Today's impeachment hearings, I'm happy to say, drove that point home yet again, particularly regarding concerns from our nation's founders about the corrupting nature of foreign influence on U.S. elections. [Audio link to show follows below.]

The House Judiciary Committee held its first official impeachment hearing on Wednesday, regarding the Ukraine scandal and, yes, obstruction of justice in the Robert Mueller Special Counsel's probe. Four academics testified on both the history and meaning intended by the founders of the phrase "high crimes and misdemeanors" in the U.S. Constitution's impeachment clause, and on what at least three of the four scholars smartly described as clearly impeachable offenses committed by President Donald J. Trump.

"President Trump has committed impeachable high crimes and misdemeanors by corruptly abusing the office of the presidency," said Noah Feldman of Harvard Law School. We share some extended excerpts from his opening statement as well as his fellow esteemed Constitutional law professors Pamela Karlan of Stanford Law School and Michael Gerhardt of the University of North Carolina School of Law. All three testified that the record is now clear that Trump committed impeachable offenses in his strong-arm bribery campaign to force Ukraine to announce an investigation against his potential 2020 rival Joe Biden in exchange for nearly $400 million in military assistance allocated by Congress but frozen by the White House in what Trump's own EU Ambassador described in a previous hearing as a "quid pro quo" scheme.

Today's hearing was surprising enlightening with the unusually lively and passionate academics answering sharp questions from both Democratic and Republican counsel and members of the Committee, as chaired by Rep. Jerrold Nadler (D-NY). Not all of those who testified, however, agreed that Trump should be impeached --- at least not yet. George Washington University School of Law professor Jonathan Turley --- the Republicans' witness, who testified in support of impeachment against Bill Clinton in 1998 because "he ha[d] deprived himself of the perceived legitimacy to govern" --- argued the record was still too "wafer thin" to move forward with Articles of Impeachment against Trump.

We discuss that point and many others, including the Democrats' reasons --- some good, some not --- for moving quickly on impeachment before voting begins in the 2020 primaries less than two months from today, with our ace Impeachment Hearing Correspondent HEATHER DIGBY PARTON of Salon and Hullabaloo. Democrats appeared to be homing in on at least three, and maybe four, Articles of Impeachment, as both Digby and I read today's hearing, including Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair), and Obstruction of Justice (in the Mueller investigation). But there was far more from today's eight hours of hearings and our coverage of it than I can possibly summarize here, so I'll just strongly suggest you tune in.

Also covered on today's program (as both stories also concern the importance of elections to the very heart of our republic): Georgia's illegitimate Republican Governor Brian Kemp names a new, wholly inexperienced "Ivanka Trump"-like U.S. Senator for the Peach State, and NATO world leaders are caught on video tape laughing (and laughing) at, not with, the President of the United States. Happy travels back from the NATO Summit, Mr. Trump!...

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Guest: Constitutional law, impeachment expert John Bonifaz; Also: Kamala is out; Another no good, very bad day in court for Team Trump...
By Brad Friedman on 12/3/2019 6:09pm PT  

On today's BradCast: It was another very bad day in the federal courts for Donald Trump, though another very good one for the Rule of Law (for those who still care about such things), even as a new phase in the President's ongoing impeachment inquiry begins in the U.S. House. [Audio link to full show is posted at the end of this article.]

First up, some quick news of the day. California Senator and one time "top tier" 2020 Democratic Presidential candidate is dropping out of the race exactly two months before voting begins in Iowa in next year's nominating contest and just two weeks before the next Presidential debate set for her home state on December 19. We discuss the ramifications for the race and for the woman who might have been the first black female President (but who could very well still become the first such Vice President).

There was more bad news today for Trump and his family and his businesses in federal court on Tuesday, as a three-judge panel on the 2nd Circuit Court of Appeals in New York agreed with the lower court ruling that both Deutsche Bank and Capital One must turn over Trump-related financial documents to two House committees which had subpoenaed them. Trump and his family sued the banks to block the disclosure of what could be a treasure trove of damning documentation detailing years of Trump's dubious financial history and the sources of his funding after several bankruptcies and denials for loans from banks other than the German-based Deutsche. Despite his many business failures, that bank, for some reason, reportedly loaned Trump and his businesses well over $2 billion. Now that he's lost in court again, he has been given seven days to decide if he wishes to appeal to the Republicans' stolen majority on the Supreme Court before the banks will be required to turn over the records to Congress.

Tuesday's serious legal blow follows another one for Trump on Monday, when U.S. District Court Judge Ketanji Brown Jackson refused to place a Stay on her ruling from last week ordering Don McGahn to appear before the U.S. House Judiciary Committee regarding the former White House Counsel's testimony on Trump's many instances of obstruction of Special Counsel Robert Mueller's Russia investigation. The judge ruled the Trump Dept. of Justice's claim that the Presidency would suffer "irreparable harm," if McGahn was allowed to testify was baseless. She did, however, determine that the House Judiciary Committee's ongoing investigation would be "unquestionably harm[ed]" without it, "and by extension" the lack of testimony by the former White House legal chief "would also injure the public’s interest in thorough and well-informed impeachment proceedings."

Speaking of which, the impeachment action moves from the House Intelligence Committee to the House Judiciary Committee on Wednesday, with Judiciary's first public hearing on the Ukraine matter. They will work from a searing 300-page report released by the Intelligence panel on Tuesday, documenting serious abuses of power and obstruction of Congress by Trump that have been revealed during the past several weeks of public and private testimony regarding the President's campaign to withhold military assistance from Ukraine until they agreed to help him in the 2020 Presidential election. The Judiciary Committee's central aim, after the House Intelligence panel found Trump "placed his own personal and political interests above the national interests of the United States," will now be to determine if Articles of Impeachment are merited against the President.

Our guest today, who has written several books on impeachment and testified to Congress about "high crimes and misdemeanor" is Constitutional law expert JOHN BONIFAZ, Co-Founder and President of Free Speech for People. Bonifaz testified to House Judiciary Democrats during the George W. Bush era, explaining how the founders definition of "high crimes" was easily met by Dubya via his unlawful war in Iraq. He also favored impeachment of Bill Clinton back in the 90s, but tells us today that "nothing rises to the level of the kind of abuses of power we've seen under this President".

Bonifaz offers a preview of what four Constitutional law experts are likely to offer during their testimony at Wednesday's first hearing before the House Judiciary panel and explains how the Constitution's term "high crimes and misdemeanors" was meant to refer to abuses of office that were not necessarily defined as statutory crimes (since there were very few such crimes on the books when the Constitution was first adopted!) "This is not about demonstrating in a court of law that the President has committed x or y violations of the federal statutory code, a federal crime or state crime," he tells me. "This is about abuse of office, abuse of power, abuse of the public trust."

Bonifaz, whose latest book on impeachment with Ron Fein and Ben Clements is called The Constitution Demands It: The Case for the Impeachment of Donald Trump, argues that there is a long list [PDF] of abuses that merit the removal of this President. "We've laid out a number of Impeachment Articles that should be presented in Congress that go beyond the Ukraine scandal. They include racist abuses of power, the abuses of power at the southern border separating children and their families, violating their Constitutional rights. The abuse of the pardon power, in pardoning of former Maricopa County Sheriff Joe Arpaio. The list goes on," he says. "And this president need to be held accountable for the full range of his high crimes."

He also explains why he is critical of House Speaker Nancy Pelosi and other Democrats for not moving more quickly when they took control of the House in January, noting that had they initiated the various court battles over testimony and documents at that point, "we would be in a much different position today."

"We are where we are in part because of the unwillingness of the Democratic leadership in the House to do its duty the moment it assumed control of the House of Representatives. They ran on a platform in 2018 to be a check on this Presidency, and it took another nine months into their holding of the House control to start that process of being a check on this Presidency. And that's why we're in this predicament."

I also ask Bonifaz for his thoughts on the White House's legal claims of "absolutely immunity" (it "has no basis in the law," he tells me); whether Chief Justice John Roberts will find a way to block high profile witnesses, like Mulvaney and Bolton, when they are called by Democrats during an impeachment trial in the U.S. Senate (Roberts may "apply the argument that 'these matters are still pending in the federal courts,' so he's not going to override that"); whether he concurs with Robert Reich's argument today that impeaching Trump (whether he's removed or not) makes him legally and Constitutionally "unpardonable"; and how it is up to we, the people, to "stay alert, awake and engaged in fighting for our democracy and our Constitution because we cannot rely on those in power to save us and to save our democracy. We have to fight to protect it, and fight to protect our republic."

Finally, beyond the fight to protect our republic, there is the fight to save our civilization itself. On that matter, we are joined by Desi Doyen with our latest Green News Report, as several disturbing new studies on "catastrophic" tipping points for the climate are published as the nations of the world convene in Madrid this week for the latest U.N. Climate Summit...

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Also: Bullock out; Hunter pleads guilty; Impeachment to run right up until 2020 voting begins; L.A. County Clerk still refuses to answer questions about new unverifiable touchscreen voting systems...
By Brad Friedman on 12/2/2019 6:13pm PT  

On today's BradCast: Don't say we didn't warn you. We'll keep trying. [Audio link to show follows below.]

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

  • Montana's Democratic Gov. Steve Bullock, who won reelection on the same statewide 2016 ballot that Trump reportedly won by 20 points that year, announced he is dropping out of the Dem Presidential nominating contest on Monday. His campaign also claims he will --- sadly (shamefully?) --- not be running for U.S. Senate next year, despite his proven ability to flip a statewide seat from "red" to "blue" at a time his country needs him to do exactly that. Also, former Pennsylvania Rep. Joe Sestak dropped out of the 2020 race over the weekend as well, though odds are you're even less aware of his candidacy than you were of Bullock's;
  • Wildly corrupt conspiracist and Trump supporter Rep. Duncan Hunter (R-CA) agrees to plead guilty --- rather than face trial in January --- in his criminal campaign finance fraud case in which he and his wife lavishly spent some $250,000 of campaign funds on personal expenses, while claiming, in some cases, that their spending was for veterans' charities;
  • The impeachment inquiry of Donald J. Trump moves forward, as the center of action will move from Rep. Adam Schiff's House Intelligence Committee to Rep. Jerry Nadler's House Judiciary Committee this week. The Trump White House continues to pretend they are not being allowed due process, as they informed Nadler on Sunday night that they refuse to participate in Judiciary's first hearing on the matter scheduled for Wednesday;
  • We then step through the process for Congressional proceedings on the matter as they are currently scheduled to occur over the next month, with Articles of Impeachment likely approved by the full House before year's end, followed by a trial on the removal of Donald Trump in the U.S. Senate beginning in January and leading right up to (or even beyond) the first votes being cast in the 2020 elections. The Iowa Caucuses will be on February 3, followed by the New Hampshire primary just one week later.

    By March 3, more than a dozen states will be voting on Super Tuesday, including California. For the first time that day, here in Los Angeles County --- which, by itself, is larger than 41 states --- voters at the polls will be forced to vote on brand new 100% unverifiable touchscreen computer systems.

    The new computers in L.A. are similar to the new, similarly unverifiable touchscreen systems that failed disastrously on November 5 this year during sparsely attended municipal elections in battleground states such as Georgia and Pennsylvania. In both states, failures of the new systems forced some voters to wait for nearly an hour to cast their unverifiable vote. (Imagine how things will go in a large turnout election...say in 2020.)

    Over the holiday weekend, The New York Times finally noticed the disasters for voters in Philadelphia and Northampton County, PA nearly a month ago, where the new touchscreens registered an impossible zero votes for some candidates in certain precincts. The failures left voters and party officials alike wondering what went wrong, and if the numbers ultimately reported by the system actually reflected the intent of the voters. As we've been arguing for some time, it is impossible to know whether results accurately reflect any voter's intent on these systems, even as they are currently (insanely) proliferating in the U.S. ahead of the critical 2020 elections.

  • Are you ready for the potential disasters? We offer a few helpful tips on how to try and avoid them. But, otherwise, we hope you'll have at least heard our warnings --- if few from anyone else --- if things go as catastrophically as they well could next year in jurisdictions where voters are not able to vote on hand-marked paper ballots at the polling place.

    (And, once again today, we are forced to detail some of the very simple questions that L.A. County's Registrar-Recorder/County Clerk Dean Logan refuses to answer about the new systems, either on the show in person or even via email.)

  • Finally, we open up the phones to some great (and chilling) calls on all of the above...

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Debunking the 'impeachment is a disaster for Democrats!' lie with actual, independently verifiable facts for your use over the holiday...
By Brad Friedman on 11/27/2019 5:15pm PT  

On today's BradCast: A few holiday morsels that we hope may come in handy over your Thanksgiving weekend with friends and family. [Audio link to show follows below.]

Donald Trump, along with his cowardly Republican apparatchik and dishonest rightwing media machine, have all been busy pretending over the past several days that the first two weeks of public impeachment hearings in the U.S. House Intelligence Committee were somehow "a disaster for Democrats." Even mainstream corporate media have been helpful in spreading that fake news.

Polling, however (among other things), suggests the opposite --- unless 50% majority support for impeachment and removal of the President of the United State from office, according to CNN [PDF], and steadily increasing support for impeachment over each week of public hearings, according to Reuters/Ipsos, is somehow "a disaster for Democrats".

By way of comparison, at the height of Bill Clinton's impeachment in 1998, support for the GOP effort among Americans was never higher than 29%. And yet, 50% want Trump out already, after just two weeks of public testimony. (It took nearly a year of impeachment inquiry before the worst evidence against Richard Nixon even became apparent, by the way.)

At the same time, even since the first round of hearings concluded last week, there has been a constant drip, drip, drip of increasingly damning information against the President, shoring up an already overwhelming amount of evidence that Trump directed a quid pro quo bribery scheme against Ukraine by withholding a White House meeting and hundreds of millions in military aid in exchange for the announcement of a Ukraine investigation into his 2020 political rival Joe Biden and a debunked, nonsensical theory that Ukraine, not Russia, interfered in the 2016 election on behalf of Hillary Clinton, not Trump.

In just the few hours since our previous BradCast, newly released testimony from a top official in the White House Office of Management and Budget reveals that two OMB officials quietly resigned over the summer due, at least in part, to their concerns about the legality of Trump's order to withhold Congressionally-allocated military aid to Ukraine for personal political purposes.

Also, the New York Times has reported that Trump had been briefed about the complaint from the whistleblower that kicked off this impeachment inquiry before he finally unfroze military aid for Ukraine in September. Moreover, that report helps to explain Trump's strange insistence to his EU Ambassador that "there is no quid pro quo!" long before the phrase had even made it into the public discussion of the matter.

So, as things get worse for the President, somehow it's "a disaster for DEMOCRATS"?

As many Americans today are heading home for the holidays and may have to discuss all of this with their Trump-lovin' relatives over the holiday table, we thought it'd be helpful to supply a bit of (non-lethal) ammunition. While various blockbuster revelations from witnesses received most of the attention over the first two weeks of lengthy public hearings in the House, the closing summations each day and at the end of the series of hearings by Intelligence Chair Rep. Adam Schiff received far less attention. That's a pity, as the Congressman --- a former prosecutor who served as Asst. U.S. Attorney in the Los Angeles U.S. Attorney's office before being elected to Congress --- gives one helluva closing summation.

Today, we share two of those closing arguments, as they nicely wrap up both what this impeachment is about, how damning the evidence already is against the President, and what the stakes are for the country.

Our mission, as journalists, is to help educate and inform the electorate. That's not easy these days in a post-truth world full of fake news, a lying President, and still far too much corporate media hackery. We hope today's program might help you to help ALL of us find our way out of this otherwise very dark hour in American history. We ALL must play a part in that, right now, if our republic is to survive this unprecedented attack.

Oh, and Happy Thanksgiving. Somehow...

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Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

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

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Also: Federal Judge says McGahn must testify; GA SoS attempts to intimidate election experts; High profile resignation at Verified Voting; Callers ring in after blockbuster impeachment week...
By Brad Friedman on 11/25/2019 6:10pm PT  

Hmmm....That's interesting. With all of those pro-Trump callers we had last week after Week 1 of impeachment hearings, there were none willing to call in to today's BradCast to defend the President after the bombshells of Week 2. I wonder why. [Audio link to show follows below.]

Before we get to those calls today, a few other news headlines of note that we've been trying to get to for several days (and hope to cover more in coming days), but for our impeachment coverage over the past week. Among those stories...

  • Georgia's new Republican Sec. of State Brad Raffensperger is attempting to intimidate election integrity and computer science experts by announcing official state investigations of their activities. The recently announced probes are of prominent experts, several of whom have appeared on The BradCast as guests multiple times. They have been critical of Raffensperger for installing new, hackable, unreliably and 100% unverifiable touchcreen Ballot Marking Device (BMD) voting systems across the state before 2020, despite the new systems' disastrous performance failures in the counties which pilot tested them in the recent 2019 off-year elections;
  • The inventor of the Risk-Limiting Audit (RLA) protocol, used by some jurisdictions to (supposedly) assure that computer tabulators correctly tallied voter intent when reporting election results, has resigned from the previously well-respected voting system watchdog group Verified Voting. Prof. Philip Stark of UC Berkeley has been critical of the group on which he served on their Board of Directors, for helping to validate what he describes as "meaningless" [PDF] post-election audits in jurisdictions --- such as Georgia and Philadelphia --- where unverifiable BMD systems are used to mark paper ballot summaries. He argues that only hand-marked paper ballots can be known to reflect voter intent, and that RLA's of computerized ballots is likely to offer a false sense of security in results produced on such systems. Stark sent a dramatic resignation letter over the weekend, blasting VV for "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes (and debasing the meaning of "RLA" in the process)";
  • In related-ish news, but far more hopeful news, the New Jersey Assembly voted to restore voting rights to some 83,000 people on parole & probation. The measure would overturn a law adopted in 1844, but must still be approved in the state Senate and sighned by the Governor;
  • And, in breaking news just as today's show began, a federal court judge has ruled that Donald Trump's former White House Counsel Don McGahn must respond to a lawful U.S. House subpoena for documents and testimony related to Special Counsel Robert Mueller's probe, during which McGahn testified that Trump attempted to obstruct justice at least 10 different times. While the ruling is likely to be appealed by Trump's Dept. of Justice, the order to testify would also likely apply to a host of top Trump officials who have refused to answer Congressional subpoenas in the Trump/Ukraine affair for which he is currently facing an impeachment inquiry, after the Administration has claimed "absolute immunity" from Congressional oversight.

Speaking of which, we summarize last week's explosive impeachment hearings today, and cover a number of new, related stories which broke over the weekend before opening the phones to callers. Last week, when we did same after Week 1 of public testimony in the U.S. House Intelligence Committee, we heard from a number of callers who remained strongly opposed to Trump's impeachment and removal. Today, however, when we opened the phones to listeners to take their temperature after the several blockbuster revelations of Week 2, those callers were nowhere to be found...Go figure!

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

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Get your impeachment news the American way! From Seth Meyers, Stephen Colbert, Jimmy Kimmel, Sam Bee and Trevor Noah!...
By Brad Friedman on 11/22/2019 6:00pm PT  

On today's BradCast, After a dizzying two weeks of damning testimony against Donald J. Trump in his ongoing impeachment inquiry in the U.S. House Intelligence Committee, we thought we'd check in on how the hours and hours (and hours) of public hearings might be playing in "real America", as they are reported back to the electorate on late night comedy shows --- where many Americans get all of their news.

Thus, we're happy to present today's BradCast 'Late-Nite' Comedy Impeachment Hearings Week-In-Review Special!, featuring testimony from key witnesses to Trump's Ukraine bribery scheme over the past two weeks, in clips (and songs!) from Seth Meyers, Stephen Colbert, Jimmy Kimmel, Samantha Bee and Trevor Noah!

There's just one thing that ya need to know: Trump said "Do us a favor, though!"

Enjoy!...

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

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