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Latest Featured Reports | Wednesday, August 10, 2022
What We Know (& Mostly Don't) About the FBI Search at Mar-a-Lago: 'BradCast' 8/9/22
Also: Late AZ, WA primary results; MI's GOP A.G. nominee facing criminal probe; Federal judges approve release of Trump taxes...
'Green News Report' 8/9/22
  w/ Brad & Desi
GNR Special Coverage: U.S. Senate Democrats pass landmark climate legislation, the first in U.S. history...
Recent GNRs: 8/4/22 - 8/2/22 - Archives...
Pennsylvania's Supreme Court Rejects Yet Another GOP Challenge to Absentee Voting
Ruling is good news for democracy and, perhaps, state Democrats...
Sunday 'Woke' Toons!
Wake up and smell PDiddie's latest collection of the week's best toons!...
GA Dem Seeks to 'Unpack' SCOTUS, Hold 'Ethically Bankrupt' Justices to Account: 'BradCast' 8/4/22
Guest: Rep. Hank Johnson (GA-4) on Court expansion, term limits, more; Also: TN votes...
'Green News Report' 8/4/22
  w/ Brad & Desi
Back-to-back storms reveal U.S. not ready for climate impacts; Climate change increasing humidity; Big biz targets Dem climate bill; PLUS: Nat'l EV charging network almost here...
Recent GNRs: 8/2/22 - 7/28/22 - Archives...
UNconventional Times: The Power of Abortion Rights (and Danger of Election Deniers) on the Ballot: 'BradCast' 8/3/22
Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH...
Only Way Out?: The Need for a Diplomatic Solution to End Russia's War on Ukraine: 'BradCast' 8/2/22
Guest: George Beebe of the Quincy Inst. for Responsible Statecraft...
'Green News Report' 8/2/22
  w/ Brad & Desi
Death toll rises in catastrophic KY flooding; Extreme heat, wildfires sear U.S. West; Big Oil's big profits; PLUS: Manchin-Schumer compromise bill a game changer for climate?...
Recent GNRs: 7/28/22 - 7/26/22 - Archives...
Too Little Too Late?
Or Not a Moment Too Soon?: 'BradCast' 8/1/22
Can Dems finally pass the Schumer-Manchin compromise bill to save the climate (and maybe themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday's primaries; Callers ring in...
Sunday 'Party of Personal Freedom' Toons
Bringing new meaning to "freedom isn't free" in PDiddie's latest collection of the best toons of this past week...
Leaked: FL Power Co. Secretly Took Over 'News' Site, Ran Fake Candidates, Targeted Critics: 'BradCast' 7/29/22
Guest: Energy and Policy's Alissa Jean Schafer; OAN cooked?; Stewart v. GOP Sens...
Establishment Pressure Haunted Manchin Into Major Deal on Taxes, Healthcare and Climate: 'BradCast' 7/28/22
And Schumer outfoxed McConnell to do it! Also: More signs of UNconventional midterms...
'Green News Report' 7/28/22
  w/ Brad & Desi
Manchin and Schumer reach deal on climate and energy bill; Russia slashes gas to Europe; PLUS: Public pressure leads USPS to quadruple plan for electric delivery trucks...
Recent GNRs: 7/26/22 - 7/21/22 - Archives...
Good News! DoJ Criminal Probe for Trump, E-Trucks for USPS!: 'BradCast' 7/27/22
Guest: Adrian Martinez of Earthjustice; Also: Biden's back from COVID...
Fake Electors, Real Crimes:
'BradCast' 7/26/22
Also: Climate chaos; Hand-marked ballots save day in IL; PA's GOP Guv nom at center of 2020 'fake' Electors plot; Biden slams pro-insurrection, anti-cop Trump...
'Green News Report' 7/26/22
New fire explodes near Yosemite; Concurrent heat waves are now six times more frequent due to global warming; PLUS: Rich nations owe poor ones a LOT of money...
Activist Supreme Court's Abortion Ruling Resurrects U.S. Free/Slave State Divide
Anti-choicers embracing misogynistic 21st century 'Fugitive Slave Act' mentality, argues Ernest A. Canning...
Sunday 'No, Because Freedom' Toons
Excercise your freedom, while you still have it, to check out PDiddie's collection of the week's best political toons!...
J6 HEARINGS (Day 8): Trump 'Did Not Fail to Act, He Chose Not To': 'BradCast' 7/22/22
Special Coverage with Heather Digby Parton, Richard 'RJ' Eskow; ALSO: BANNON FOUND GUILTY...
'Green News Report' 7/21/22
Consequences of extreme heat piling up, getting worse; E.U. warns Russia tightening grip; PLUS: Biden announces plans for Executive Actions on climate crisis...
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...


Special coverage with former DoJ fraud prosecutor Randall D. Eliason, Salon's Heather Digby Parton...
By Brad Friedman on 6/16/2022 6:15pm PT  

On today's BradCast: Special coverage of Day 3 of the bipartisan U.S. House Select Committee hearings investigating the Trump-incited Jan. 6, 2021 insurrection at the U.S. Capitol and the disgraced former President's multiple attempts to steal the 2020 election from the American people. [Audio link to full show is posted below this summary.]

Before diving into details with our two guests today, I want to cite the must-read written statement [PDF] submitted by one of today's live witnesses, the very conservative, oft-cited and well-respected (if extremely slow-talking) former Judge J. Michael Luttig. Appointed by George H.W. Bush to the appellate court in 1991, Luttig was considered several times during his decades on the federal bench for the Supreme Court. He is often compared to Justice Antonin Scalia and virtually all of his law clerks eventually went on to clerk for Scalia or Clarence Thomas. He was one of several advisors who then Vice President Mike Pence turned to as he was being pressured hard by both Donald Trump and his corrupt attorney John Eastman to toss out legitimate electoral votes on January 6 in an effort to steal the election for Trump.

In short, Luttig is no lefty. He advised the Vice President that he had no legal or Constitutional authority to do anything but essentially read the Electoral College votes aloud during the joint session of Congressional to certify the final results of the 2020 election. Despite extraordinary pressure not to, Pence did the right thing and followed Luttig's advice.

But in Luttig's written statement to the Committee, as I note at the top of today's show, he describes the Republican Party's "war on democracy" and correctly characterizes what so many Democrats and most in the corporate media seem to have a problem saying outloud: "The former president's accountability under the law for the riot on the United States Capitol on January 6 is incidental to his responsibility and accountability for his attempt to steal the 2020 presidential election from the American People and thereby steal America's democracy from America herself."

Was that so hard? Go read his statement in full.

Among the many new items revealed during Thursday's hearing, at which Pence's top attorney Greg Jacob was also a live witness, along with a boatload of videotaped testimony and more disturbing, previously unseen footage from the day of the Insurrection...

  • All of Trump's top White House and Campaign attorneys knew the scheme to have Pence invalidate the election was unlawful and/or unconstitutional, describing it as "nuts", "crazy" and worse.
  • Trump knew as well, because they told him as much. Repeatedly.
  • Even John Eastman, credited with devising the scheme, is known to have conceded its illegality on several different occasions.
  • Eastman said he would have seen Al Gore or Kamala Harris using the same scheme to nullify an election as unlawful, but wanted Pence to do it anyway.
  • Eastman invoked the Fifth Amendment 100 times during his video-taped, subpoenaed testimony with the Committee.
  • After his scheme failed miserably, Eastman sought a pardon from Trump. (He didn't get one.)
  • Jan. 6 insurrectionists came within 40 feet of Pence after he had been removed from the House chamber.
  • One of the Proud Boys cooperating with the Feds has testified that the white nationalist extremist group would have killed Mike Pence or anyone they got their hands on, including Nancy Pelosi, if given a chance.

We've got a lot to cover once again today and are joined by George Washington University law professor, WaPo contributor and blogger RANDALL D. ELIASON, a former Asst. U.S. Attorney for the District of Columbia, where he served as Chief of the Public Corruption/Government Fraud section. And, as always during our J6 coverage, HEATHER DIGBY PARTON of Salon and Hullabaloo. Both offer important insight on today's hearing and the ones that preceded it, as the damning case against Donald Trump continues to come smartly together.

Among the issues discussed, the "outlandishly blatant partisan hackery" of Eastman, as Parton correctly characterizes it and the criminal liability Trump (and Eastman) now face, as Eliason details. In particular, given his background in criminal fraud as a federal prosecutor, Eliason notes that the scheme detailed in Monday's hearing regarding a fake "Official Election Defense Fund" that Trump used to raise $250 million from his duped supporters is classic criminal wire fraud that should spawn an entirely separate criminal investigation from the one now underway at DoJ. He also speaks to the bogus notion that Trump can't be charged because he truly believed that the election was fraudulent and that the Vice President had the authority to overthrow the election. Both of those points have been decimated by the Committee over the past two hearings.

We also hash out the "controversy" over whether the Committee should issue a formal criminal referral to the DoJ at the end of their proceedings; the absurd, and rather pathetic, whining defenses offered by both Trump and Fox "News" in response to the gripping revelations emerging from these hearings; and much more.

And, as if all of that is not enough, we close with Desi Doyen and our latest Green News Report as the nation (and globe) swelters; Texas thanking its lucky stars right now for renewable energy; the U.N. begging the world to knock it off already with fossil fuels; and a potentially game-changing way to produce emissions-free concrete comes to light...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Elections results from ME, NV, ND, SC, TX; Vote system prob leads to IA recounts; MAGA County Commission in NM refuses to certify June 7 primaries...Just cuz...
By Brad Friedman on 6/15/2022 6:13pm PT  

With the bipartisan January 6 Committee having postponed today's hearing, we take the opportunity on today's BradCast to spend some time rebutting the disgraced former President's supposed rebuttal to the two damning hearings held to date. But, of course, we've got much more as well, including election results from Tuesday and evidence of both voting system problems and bad faith elected MAGA officials already trying to disenfranchise 2022 voters. [Audio link to full show is posted below this summary.]

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

  • An error caused by paper jams during ballot scanning on Election Day at the precincts on the state's computer tabulators in Iowa during their June 7 primaries has reportedly resulted in a whole bunch of recounts across the state. Cedar Rapid's KCRG cites an email from the Sec. of State's office which has lead to those recounts, in hopes of reconciling the number of ballots misreported by the scanners as cast with the number of voters who actually signed in to vote.
  • Noteworthy election results from four states which held primaries on Tuesday (Maine, Nevada, North Dakota and South Carolina) and one (Texas) which purposely held a low-turnout U.S. Special Election yesterday, instead of at the same time as their regular primaries in March or primary runoffs in May. While we cover a lot of Tuesday's races, and why they matter (or don't), the most disturbing one is likely the Secretary of State's race in Nevada, where a 2020 election denialist by the name of Jim Marchant has apparently won a 38% plurality to become the GOP's nominee to become the critical swing-state's chief election official in advance of the 2024 election.
  • The dangers of an election denier like Marchant, who served as one of the state GOP's fake electors in 2020, and who has said he wouldn't have certified Joe Biden's victory over Donald Trump that year had he been SoS at the time, is a stark warning of what lies ahead. But we're already seeing the dangers of brain-poisoned MAGA Mobsters in positions of elected authority. The three-person County Commission in a very right-leaning rural county in New Mexico, is refusing to certify results from their June 7 primary. Even though votes are cast on hand-marked paper ballots across the state, the County Commission unanimously voted against certification of primary results, citing distrust of the County's digital ballot scanners made by Dominion Voting. They have no evidence of fraud, which might otherwise allow a court to order the hand-count they are seeking. They just don't trust the results in the County where Trump won 62% of the vote in 2020. The Republican County Clerk is furious and the Democratic Sec. of State is now suing the County Commission ahead of this Friday's deadline for County certification. Expect much more of this in the months and years ahead. We've long warned about exactly this type of fallout from our irresponsible rush to the use secret vote casting and counting systems made by private vendors and the avenues it opens for opportunists to claim fraud without any evidence of same.
  • On Monday night, after the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the Capitol and other efforts by Trump to steal the 2020 election, our corrupt former President issued a 12-page rebuttal [PDF] to the Committee's first two hearings. We rebut his dumb rebuttal today. It leans heavily on tired, long-ago debunked nonsense, such as his lead in some swing-states on Election Night "inexplicably" disappearing (after heavily-Republican polling place ballots were quickly tallied before the arduous task of opening and verifying and counting heavily-Democratic vote-by-mail ballots one-by-one) and how thousands attended his rallies, while Biden chose not to hold super-spreader events during the worst pandemic in 100 years. Much of Trump's (ghost-writer's) claims were already debunked during the Committee hearings to date, which he seems to presume that his supporters didn't watch or are too dumb to understand.

    Trump's ghost-writer spends most of the rebuttal ink citing what is laughably described as "indisputable proof" of "Ballot Trafficking" presented in the repeatedly debunked 2000 Mules movie. That's a pretend documentary film created by a long-discredited GOP "election integrity" group named True the Vote and a rightwing activist named Dinesh D'Souza who actually pleaded guilty himself to several federal election fraud crimes before he was later pardoned by Trump.

    As noted, the film has been repeatedly debunked, including by us, several times by now. Months before it was even released, the Georgia Bureau of Investigations (GBI) and FBI concluded the group's claims about cell phone data purporting to reveal evidence of "ballot harvesting" by "mules" of tens or hundreds of thousands of fraudulent ballots cast in drop-boxes, in fact, reveals no crimes at all. A GA state Board of Elections investigation after the movie's release found that supposed "ballot mules" in Atlanta, shown via security camera footage in the film, were just regular voters legally casting their own ballot and those of direct family members. None of the "mules" are ever seen in the film visiting a drop-box or multiple boxes more than once.

    But, perhaps the most stinging rebuttal came from Trump's own Attorney General, Bill Barr this week. During sworn testimony to the J6 Committee, shared by the panel on Monday, Barr laughed out loud at even the mention of the name of the film, before going on to explain how he found it to be "singularly unimpressive," "indefensible," and that it failed to "establish widespread illegal harvesting." That, of course, is a long way from the "indisputable proof" Trump's dumb rebuttal claimed it to be.

  • Finally, speaking of the House J6 Committee, Republican Vice Chair Liz Cheney released a video teaser on Tuesday for its next upcoming hearing scheduled for Thursday. This one will focus on the pressure Trump placed on Vice President Mike Pence to help him steal the 2020 election by tossing out valid Electoral College votes on January 6, 2021. Cheney's teaser video includes testimony from one of Trump's top White House attorneys who says he warned outside lawyer John Eastman, who developed the scheme for Pence to toss out the votes, to "get a great f'ing criminal defense lawyer," adding "you're gonna need it."

Special Coverage of tomorrow's J6 Hearing, of course, on tomorrow's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Legal journalist Mark Joseph Stern; Also: Republicans move quickly to protect the families of SCOTUS Justices, but not yours...
By Brad Friedman on 6/14/2022 5:57pm PT  

For years, as I told my guest on today's BradCast, I've wondered if we were being too alarmist during his many appearances on the show. But now I'm starting to wonder if we haven't been alarmist enough. "I would say that you and I have been the exact right amount of alarmist," he tells me in response. "Time and time again, the Court has proved that it is going rogue, that it is lawless, that it is really corrupted by partisan politics." If the nation hasn't noticed by now, it is likely about to. [Audio link to full show is posted below this summary.]

Before we get to that cheery conversation, a couple of quick news items today, as voters in Maine, Nevada, North Dakota and South Carolina headed to polls on Tuesday for critical mid-term elections. (Also in Texas, where there is a special election to fill a vacated Democratic U.S. House seat.) Results of note on tomorrow's program.

Wednesday's scheduled hearing in the U.S. House Select Committee investigating the January 6 insurrection and related Donald Trump crimes has been postponed until, presumably, next week. The Wednesday hearing had been set to focus on Trump's failed effort to decapitate the Dept. of Justice in order to install a low-level flunky with a scheme to help him steal the 2020 election by lying to state legislatures that the DoJ had found massive fraud in swing-states. Committee members claim the delayed hearing is only due to a need to give time to their over-worked understaffed video crew. Meanwhile, Thursday's scheduled hearing, focused on the pressure Trump placed on Vice President Pence to help steal the election for him on January 6, is still said to be on track.

In Congress today, the House passed a bill previously adopted by the U.S. Senate to extend security protections to family members of Supreme Court Justices. It's remarkable how quickly Republicans can act to pass laws to protect certain people that they give a damn about from gun violence. Every other family in America is on their own apparently. Best of luck.

And, speaking of SCOTUS, as their term comes to a close over the next two weeks, we catch up with the great MARK JOSEPH STERN, legal journalist and Supreme Court expert at Slate.com, on a whole passel of recent and coming-soon opinions that are currently shaking and set to shake the American legal and judicial system to its core

The outlook, as suggested by my opening graf above, is not encouraging. "I don't know what to tell you except that madness is coming," warns Stern. Tune in for real facts and hard truths about what is coming. But, by way of preview of some of the cases and issues discussed today...

  • The tragic case of Terence Andrus, soon to be put to death, and what could represent the end of the Sixth Amendment's guarantee of competent legal representation, particularly in death penalty cases. Perhaps even more astounding, the Court's ruling on Monday directly contradicts their own ruling on the very same case in 2020 when, just two years ago, they sent the matter back down to the Texas State Court, which has since apparently decided that they needn't follow SCOTUS orders. And now, incredibly, with the loss of Justice Ruth Bader Ginsburg and the addition of Justice Amy Coney Barrett, SCOTUS agrees! "There can be no 'settled law' when SCOTUS lets rogue judges flout its own rulings and get away with it," Stern wrote in his coverage on Monday. Today he warns that with the Supreme Court failing to enforce its own precedents, "it really does send this message, a kind of wink and a nod, to lower courts that they can start defying these disfavored precedents, start nullifying these disfavored Constitutional rights, and get away with it. And that is a scary new phase."
  • The coming-soon overturning of Roe v. Wade. We haven't spoken to Stern since the unprecedented leak of a draft opinion by the GOP's corrupt, packed and stolen majority which is set to end 50 years of Constitutional freedoms and privacy rights established by the landmark 1973 opinion. He explains that the Court has since cracked down on all such leaks, but that even in a best-case scenario where the final opinion is somewhat softened, the ruling is certain to be "tragic". Moreover, he warns that overturning the privacy rights of Roe will "cast a lot of doubt on decisions protecting the right to privacy --- for gay people, for interracial couples, for people who use contraception --- and lower courts will seize upon that language and use it to start overturning those rights." That is just one reason why the Andrus ruling described above is so wildly dangerous.
  • Ending local government's right to protect residents from gun violence. The Court is set to issue its opinion on a challenge to New York's more-than-100-year old requirement that those seeking to carry concealed firearms apply for a special permit to do so. As soon as next week, despite the Second Amendment's mandate that the right to bear arms should be "well-regulated," the NY law is likely to be struck down by SCOTUS. "We should expect the Supreme Court to declare that there is a Second Amendment right, in every state in the country, to carry a concealed weapon in public spaces, even if you have no particularly good reason to want one. And that right cannot be infringed without a very strong interest from the government, which the Court will then explain does not really exist. And, in doing so, will unleash, I think, a wave of violence --- in states like California and New York that have pretty strict limits on concealed carry --- that will be attributable to the Supreme Court," Stern predicts. "But of course the Court will be in its own palace, surrounded by guards and fences, and the Justices will not have to face the lethal consequences of their own ruling."
  • West Virginia v. EPA The courts, long ago, placed a stay on President Obama's Clean Power Plan, which would have incentivized the transition from polluting coal-fired power plants to clean, renewable energy production. Then those regulations were replaced entirely by Trump's energy plan. And now, despite absolutely nobody required to follow the Obama EPA's regulations on this, the corrupted SCOTUS decided to take up WV's original challenge to the Obama plan. "This case is incredibly bizarre," Stern rails. "Because right now there is no rule --- I repeat, no rule --- no regulation, that is limiting carbon emissions from coal-fired power plants. None. And yet, the Supreme Court is deciding whether the Biden Administration can issue a rule limiting carbon emissions. You might be asking how could it possibly be that the Supreme Court will rule on a regulation that does not yet exist, that may in fact never exist? The answer is that the usual rules about actually taking a live controversy do not seem to apply when the conservative super-majority really wants to kneecap the Biden Administration's regulatory agenda. So, even though the Court has nothing to strike down, it will almost certainly issue a decision purporting to strike down a regulation that doesn't even exist."

As to what Stern has to say about some cases that the Court is likely to pick up for its next term, particularly on something called the Independent State Legislature doctrine --- which doesn't actually exist either, but may very well soon, and will "either limit or abolish the ability of anyone other than a state legislature to set the rules for federal elections" --- well, I don't have the heart to go into the details here. But tune in if you want to be informed about what is coming next...and just in time for the 2024 Presidential election.

Stern has been warning about the opinions set to drop shortly for a very long time on this program. I leave it to you if you want to know what he warns is coming next.

"I don't know what to tell you except that madness is coming, and all we can do is try to prepare for it as best we can," he tells me. "Because this is the direction that the conservative Justices are moving in. They have telegraphed it very clearly, and they are moving us there just on schedule."

I wish I could say we close out today's show by cheering you up with our latest Green News Report, but we pride ourselves in telling listeners the truth, no matter how grim...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Special coverage with Salon's Heather Digby Parton on overwhelming evidence Trump knew there was no fraud, then raised $250 million for phony 'Official Election Defense Fund'; Also: Callers ring in...
By Brad Friedman on 6/13/2022 6:03pm PT  

On Day 2 of public hearings in the U.S. House, Donald Trump's greatest con continues to unravel. On today's BradCast, we get you all caught up on today's public hearings by the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the U.S. Capitol and the attempt by the former President to steal the 2020 election by defrauding the nation. [Audio link to full show follows this summary.]

The witnesses who testified live today, as our guest HEATHER DIGBY PARTON of Salon and Hullabaloo pointed out, were all Republicans. And they all made clear that Trump not only lost the 2020 election, but he lied over and again about fraud, even though he was told...over and again, by his closest campaign advisers, top government officials and even his own family, that he lost fair and square. He knew his claims were, as his own Attorney General Bill Barr described it, "bullshit". Nonetheless, he kept barraging his supporters via email for more and more money for his "Official Election Defense Fund". But, as the Committee's Rep. Zoe Lofgren (D-CA) pointed out: There was no "Official Election Defense Fund" and the $250 million in small dollar donations Trump raked in all went to him, not to legal challenges of the 2020 election.

Once again, a mix of live and videotaped witness testimony put the lie to Trump's Big Lie fraud claims and the false notion that he believed them to be true. He didn't. He knew better. He just didn't care. Live witnesses today who underscored those points: Chris Stirewalt, the former Fox "News" political director who made the correct Election Night call that Trump had lost Arizona; BJay Pak, Trump's own U.S. Attorney in Georgia who investigated all of the many claims by Trump supporters of fraud in Atlanta, finding none of them to be true. He was forced to resign thereafter; Trump's own 2020 Campaign Manager, Bill Stepien, was scheduled to testify, but his wife suddenly went into labor on Monday morning, so the Committee relied on his video taped testimony in which he explained that he repeatedly told Trump that his claims of fraud were bogus; Philadelphia's Republican City Commissioner Al Schmidt who debunked Rudy Giuliani's false testimony to the PA legislature that more than 8,000 "dead people" voted in the state in 2020. "Not only was there not evidence of 8,000 dead voters voting in Pennsylvania," Schmidt testified, "there wasn't evidence of 8."

The most damning testimony may have come from Trump's former Attorney General Bill Barr, who said on tape that he and the DoJ tracked down every claim made by Trump and his supporters and found none of them to be true. "Boy, if he really believes this stuff," Barr testified thinking, "he's become detached from reality." No matter how "crazy" he told Trump the allegations were, it made no difference. Barr debunked the notion that the Dominion Voting systems company stole the election for Joe Biden, and even went on to dismantle the easily-debunked 2000 Mules movie which pretends to document tens of thousands of fraudulent ballots cast unlawfully by thousands of people in swing-states. Barr's debunking of that film, which he laughs out loud about, was suspiciously similar to our own debunking on this program several weeks ago.

Even longtime, top GOP election attorney Ben Ginsberg --- who successfully lead the RNC's fight to convince the U.S. Supreme Court to steal the 2000 election for George W. Bush --- testified live on Monday that there was "no credible evidence of fraud produced by the Trump campaign or his supporters." He also made clear that dozens of lawsuits rejected by the courts (including by many Trump-appointed judges) did, in fact, examine the merits of the challenges and found no basis for them.

"I think what is important, and I was really glad to see, that they decided to take one of these hearings and really attack the Big Lie itself," Parton tells us today. "Because I don't think you can really prove the case about Trump's coup plot without attacking that as well. They went from the very beginning. Trump was undermining the election 18 months before the election took place."

Parton also praised the panel's highlighting of Trump's "'willful blindness,' in which he is shown to have been told by everyone that the election was not stolen. We're talking about his own campaign team, people in his family, the Dept. of Justice, various officials around the country. They all said the same thing. Ginsberg pointed out the courts also said the same thing. [Trump] refused to see it, and in fact continuously got more and more angry, apparently, continually ignored what they said, and went toward the people who told him what he wanted to hear."

"That's actually a legal concept, where someone does have an obligation --- they have a responsibility to at least have some recognition of the facts of a case. You're not allowed to go into a court and say, 'I didn't know,' when you've had dozens of people telling you something. So that's leads to maybe a potential criminal referral."

She also explained how she was "shocked" by the Big Lie fund-raising scam. "We all sort of knew this but it hadn't really been a focus until now," she observed. "But I think this is super-important, because this could go toward a real fraud investigation, a real case of wire fraud, where they defrauded millions of devoted followers with a Big Lie. And, in fact, a lot of the people who were involved in that fundraising, they also knew it was a Big Lie because they just testified to it. This is kind of a big deal."

Finally today, we open the phones to see how listeners are responding to what the House panel has been unpacking over the first two hearings, with at least another four still to come...

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Special coverage with Salon's Heather Digby Parton; U.S. Army vet, attorney, former Republican, Keith Barber...
By Brad Friedman on 6/10/2022 5:09pm PT  

On today's BradCast, we kick off our special coverage of the bipartisan U.S. House Select Committee's public hearings on Donald Trump's unprecedented attempt to steal the 2020 Presidential election via not only the deadly January 6, 2021 insurrection he incited, but via a well-coordinated (by Trump standards) 7-point scheme. [Audio link to full show is posted below this summary.]

During Thursday night's gripping and, at times, emotional first prime time hearing, the Committee began to lay out their case, placing the disgraced former President firmly at the center of "an attempted coup". It was a plot to prevent the peaceful transfer of power for the first time in our nation's history. The panel detailed what we will learn over a series of at least five more hearings over the next two weeks.

Last night, they employed disturbing, never before seen footage of the violent attack on the U.S. Capitol, and snippets of stunning video-taped testimony from a number of Trump's top officials and his own family members.

The pieces of evidence laid out on Thursday already make clear that Trump was told time and again, for weeks before the assault, that there was no evidence to support his claim that he lost the election due to fraud. His own Attorney General Bill Barr told him on several occasions that the claim was "bullshit." His own daughter, Ivanka Trump agreed with Barr. Both were seen testifying to that end on video last night.

Meanwhile, after Trump incited his supporters --- including extremist groups like the Proud Boys and Oath Keepers --- to attack the Capitol and threaten the life of Vice President Mike Pence, Trump did nothing to stop them for hours. His top general, Mark Milley, Chairman of the Joint Chiefs of Staff, testified that Pence contacted the military several times on January 6 to put down the insurrection, while the former President took no action at all. His Chief of Staff Mark Meadows, however, did contact Milley in an attempt to "kill the narrative that the Vice President was making all the decisions" and to "establish the narrative that the President is still in charge."

The damning evidence was presented before two live witnesses took the stand. One was documentary filmmaker Nick Quested, who was embedded with the Proud Boys on the night before the insurrection and the day of, capturing both their chilling assault on January 6 and a secret meeting between the heads of both the Proud Boys and the Oath Keepers on the night before. U.S. Capitol Police Officer Caroline Edwards, reportedly the first of more than 100 law enforcement officials to be critically injured that day, testified how she had been knocked unconscious by the Trump supporters, before awaking to continue the fight among "carnage" and "chaos" while slipping on the blood of her fellow law enforcement officers and being attacked with pepper spray from the violent mob.

There was much more presented by Committee Chair Bennie Thompson (D-MS) and Vice Chair Liz Cheney (R-WY), suggesting several of Trump's top allies in Congress sought pardons after January 6, and that, as his supporters were chanting "Hang Mike Pence!", Trump was following along via television in the Oval Office; became irate at aides urging him to take action to quell the violence; and even declared, "maybe our supporters have the right idea, Mike Pence deserves it."

We're joined today for analysis by Salon's award-winning opinion journalist HEATHER DIGBY PARTON and former U.S. Army Captain and now-retired attorney KEITH BARBER (who was also a lifelong Republican, until Trump.) He had long been a contributor at Daily Kos on legal and constitutional matters, and now writes at Medium.

Among the many questions discussed today...

  • What did they learn Thursday night that they hadn't known previously?
  • Who are these hearings meant to reach?
  • Why was Fox "News" the only major broadcast or cable news network too terrified to allow their viewers to watch the proceedings?
  • Why is the Committee so focused on the violent, seditious conspiracy carried out by the Proud Boys and Oath Keepers, and is there evidence they conspired directly with the Trump Administration?
  • What are the seven points in Trump's failed plot to steal the election that the Committee will detail in the days ahead?
  • How do the claims by Trump supporters that they support law enforcement square with the MAGA mob's brutal assault of Capitol Police?
  • What do both of our guests hope to see from the hearings in the days ahead?
  • And will the hearings continue to grab the attention of the American people?

Both Parton and Barber offer insight and analysis for us today on all of the above and much more!...

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Guest: Nancy Wang of Voters Not Politicians; Also: MI GOP Guv candidate arrested for Jan. 6 crimes; NY GOP Councilwoman pleads guilty to voter fraud in 'widespread' federal probe...
By Brad Friedman on 6/9/2022 4:02pm PT  

As we were forced to ask several times on today's BradCast: What the hell is up with Republicans and election fraud in Michigan?! But it's not only in Michigan today, as it turns out. [Audio link to full show follows this summary.]

In upstate New York, in a Rensselaer County city named Troy on Wednesday, a Republican city councilwoman named Kim Ashe-McPherson pleaded guilty to federal charges related to the submission of three fraudulent absentee ballots in both her primary and general election last year. It's a somewhat remarkable and expansive story of apparently a whole bunch of Republican criming going on in Troy and Rensselaer County, with the Albany Times Union describing Ashe-McPherson as "the first person snared in a federal grand jury investigation examining widespread ballot-fraud allegations in Rensselaer County."

Another separate probe by State Police appears to be examining fraud in Troy's Mayoral race, while the GOP Mayor and a whole bunch of GOP County officials have been subpoenaed and/or had their phones seized by law enforcement in recent months. Ashe-McPherson's absentee ballot fraud was apparently carried out with the help of an unnamed insider official at the Rensselaer County Board of Elections. "Earlier this year," the paper notes, "Jason Schofield, the Republican commissioner for the county's Board of Elections, was subpoenaed in connection with the federal investigation." But there's a whole lot of other GOPers who also seem tied into this, and may end up in handcuffs in the days ahead.

Is it any wonder that Republicans accuse Democrats of voter fraud all the time, given that Republicans seem to be constantly committing it themselves?

But things are even more insane in the great state of Michigan. You'll recall that recently, 5 of 10 Republican Gubernatorial candidates vying for the GOP nod to take on Michigan's Democratic Gov. Gretchen Whitmer this November were disqualified from the ballot, after the state Bureau of Elections discovered they had submitted some 68,000 fraudulent petition signatures between them in an attempt to qualify for the ballot. Well, the trouble continues for at least one of the remaining candidates who did manage to qualify without cheating.

All of the GOP gubernatorial hopefuls in MI are 2020 election deniers (despite Joe Biden having defeated Donald Trump in the state by about 150,000 votes, as confirmed by a months long investigation by the GOP-controlled state Senate). But one of the most ardent of the deniers --- and a leading candidate now that the others have been disqualified --- 40-year old Ryan Kelley, was arrested and charged by federal officials on Thursday for his role in the January 6, 2021 insurrection at the U.S. Capitol.

Kelley stands accused, according to the criminal complaint, of disruptive conduct, injuring public property and entering restricted space without permission. Documents filed in court allege he is seen on video that day waving crowds into the Capitol after police lines were defeated. He faces up to a year in prison and a fine as high as $100,000. Perhaps this will actually help his bid for the GOP nomination on August 2nd!

But that's not all we have to report out of MI today, particularly when it comes to GIO election fraud.

Last week, the organizer of a GOP petition effort to qualify a ballot initiative known as "Secure MI Vote", announced they missed the deadline to submit the number of signatures needed. Why did the effort behind this scheme to supposedly curb election fraud with severe new restrictions on voting fail? Election fraud, of course! The organizers discovered some 20,000 signatures they had gathered were fraudulent! (Hey, at least they checked them before turning them in, unlike those 5 GOP Gubernatorial candidates!)

The scheme, however, is even slimier than it sounds. Most of the provisions in the so-far-failed initiative had already been passed by the GOP state legislature, but vetoed by Democratic Gov. Whitmer. But, thanks to a loophole in MI state law, once a ballot initiative qualifies for the ballot, the Legislature is then welcome to pass it into law on a simple, veto-proof majority vote. That was the plan that seems to have failed here.

We're joined today to discuss the entire fine mess by NANCY WANG, Executive Director of the non-partisan, pro-democracy group Voters Not Politicians which, in 2018, enlisted volunteers (rather than corrupt paid contractors) to collect more than 400,000 signatures to place an initiative on MI's ballot for an Independent Redistricting Commission. The measure was successfully adopted by state voters.

"There are so many things wrong right now with the GOP and what they're trying to do with voting rights in Michigan," Wang explains. "What's really caught them is this mixture of incompetence and hypocrisy. They're selling themselves to the voters as the party that's going to 'protect' us from fraud. The only fraud they can demonstrate in our election is what they have inside their own camp. It's ironic, at the very least, that they have been the victim of their own fraud, when they've tried to victimize voters with all of these shenanigans."

Wang walks us through those "shenanigans" and various "loopholes" in state law that allow, for example, petition gathers to be paid by the signature and to lie to voters about the initiative they are asking them to sign on to. In this case, while the GOP group was clear that this measure would never actually be on the ballot, signature gatherers reportedly told prospective signers that the plan was simply to put these issues --- like instituting extreme Photo ID restrictions and restricting absentee voting --- before voters.

"This group is headed by the GOP, funded by the GOP, and they're using the citizens' petition process, lying to voters to sign this thing so that they can do an end-run around the voters," charges Wang. "They're never going to put these provisions on the ballot, they were very clear about that. They were just going to ride this loophole to the legislature to get these voter suppression measures passed." Not that that's what their signature gatherers told people on the ground, however.

"It's about dishonesty. It's about misleading voters. It's about trying to game the system of citizens' petitions. I don't think you could put anything in place that would stop people who don't have any limits whatsoever, any standards that they'll abide by, to further their agenda," Wang tells me.

Next, a story we ran out of time for on our previous BradCast, covering results and other fallout from Tuesday's midterm primaries in seven states. You may recall our coverage of a voting system disaster in Clackamas County, Oregon a couple of weeks ago, where a problem with smeared barcodes printed on vote-by-mail ballots resulted in them being rejected by the computer tabulators. The local County Clerk, in that case, ordered tens of thousands of those otherwise perfectly valid ballots to be duplicated by hand, one-by-one, so they could be run through the tabulators, rather than simply counting them in public by hand.

Well, guess what? It appears the very same thing happened in San Joaquin County, California this week, with 25 to 30% of the County's mail ballots being rejected by the computer scanners. And, once again, rather than hand-counting them, the County is duplicating each and every one of them by hand, this time with the help of about 13 employees from the printing company who screwed up in the first place.

I don't know about you, but I don't want my ballot "remade" behind closed doors by either a County election official OR some schmoe from a commercial printing outfit. But maybe that's just me. In any event, San Joaquin voters may have to wait a bit longer than usual this year for final results in their critical midterm primaries.

Finally, Desi Doyen joins us for our latest Green News Report, with great news for war profiteering Big Oil companies (if terrible news for the rest of us); lousy news about snow disappearing from the previously snow-covered Alps; but some better news regarding the Biden Administration's move to create a new marine sanctuary and end the use of single-use plastic in our national parks...

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Guest: The Nation's John Nichols on that and midterm primary lessons; Also: Noteworthy results from primaries in IA, MS, MT, NJ, NM, SD, CA...
By Brad Friedman on 6/8/2022 6:25pm PT  

We've got yet another jam-packed BradCast for ya today, with results of note --- as we have them so far --- from the 7 states which held primaries on Tuesday. Then, we're joined by our guest with some helpful insight on what Democrats and progressives should learn from this year's elections to date and some of his critical concerns about the upcoming hearings by the bipartisan U.S. House Select Committee investigating January 6, 2021 insurrection. [Audio link to full show is posted below this summary.]

First, we fly through an extremely curated selection of results from several key races on Tuesday. Among them...

  • IOWA: Retired Navy Admiral Mike Franken upset former U.S. Rep. Abby Finkenauer in the state's Democratic U.S. Senate primary. He will face off against 88-year old, six-term U.S. Senator Chuck Grassley. Also noteworthy in the Hawkeye State: progressive Democratic criminal justice reformer Kimberly Graham won the Democratic primary for prosecutor in Polk County (Des Moines), where she is likely to win this November.
  • MISSISSIPPI: Two-term Republican Rep. Michael Guest was forced into a runoff by GOP voters as punishment for having voted in favor of a bipartisan, outside Commission to investigative the January 6th insurrection.
  • MONTANA: Donald Trump's disgraced, scandal-plagued, forced-to-resign Interior Secretary Ryan Zinke is locked in a tight race to win his old job back as a U.S. Congressman. The final results of the close race with state Sen. Al Olszewski, which Zinke leads by about 1,000 votes as of airtime, will be held up by a day or two due to a ballot printing error that will require, under state law, that all ballots now be hand-counted.
  • NEW JERSEY: While there may have been races of note there, we didn't have time for ANY of them today! Sorry about that, NJ! (I know. Always the bridesmaid...)
  • NEW MEXICO: Seasoned TV weather guy Mark Ronchetti won the GOP primary for Governor after promising to increase the state's already record oil production, deriding new standards in state schools for increased instruction on race (in a state that is half Hispanic and has 23 federally recognized Native American tribes and nations), and by slamming his November opponent, Democratic Gov. Michelle Luhan Grisham, for closing in-person schooling during the worst pandemic in 100 years. Also: Progressive Democrat Gabriel Vasquez was victorious in the 2nd Congressional District race to take on GOP Rep. Yvette Herrell in what is seen by Dems as a possible House pickup this November.
  • SOUTH DAKOTA: The state's only House Member, Republican Dusty Johnson, easily won his primary despite voting to certify the 2020 election results and in favor of the January 6 Commission. Shamefully, there is no Democrat running for the state's single At Large Congressional seat. Of greater note, a ballot proposition that would have raised the threshold for passage of certain future ballot propositions to 60% was soundly rejected by voters. That proposition was meant to make it harder to pass a ballot proposition this November that would expand Medicaid under ObamaCare to state residents. Similar expansions measures have been adopted by voter initiatives in about 7 other states. GOP lawmakers in SD must really hate their own constituents.
  • CALIFORNIA: All statewide office holders are Dems, so there isn't much drama there. But two local contests have received quite a bit of national notice. The Los Angeles Mayoral race will go to a runoff, after Trumpy Republican real estate billionaire turned "Democrat" Rick Caruso failed to clear the 50% bar, despite dropping some $40 million of his own money into the race. He'll face progressive Rep. Karen Bass, previously seen as the favorite to win until Caruso and his money showed up, in the November runoff. But, interestingly, receiving as much or more notice from national corporate news outlets than almost any other race on Tuesday, voters recalled progressive criminal justice reformer, Chesa Boudin, after two and half years as San Francisco's District Attorney. Predictably, national media is (mis)reporting this as a story of "failed progressive policies" that resulted in rampant crime in the city, despite the fact that overall crime decreased during Boudin's tenure.

We're then joined by longtime progressive champion, journalist, and author JOHN NICHOLS of The Nation for analysis of Tuesday's contests --- and those from week's past --- along with his concerns and warnings about the upcoming January 6 hearings in the House.

As to the primaries so far this season, Nichols observes, among other things that while "Republican turnout is very spiked" and Dems "not so spiked", that is "not necessarily a complete disaster" for Democrats. He also notes that "progressives are winning a lot of Democratic primaries" and "in some unexpected and really interesting places".

"Despite what a lot of the pundits will tell you," he argues, means that "the grassroots Democratic voters seem to be sending a very clear signal that they want to go up against these Trump Republicans in this very tough year with clearly defined progressive candidates."

While he offers thoughts on the recall defeat of progressive District Attorney Boudin in San Francisco, Nichols also observes that criminal justice reformers are actually still winning elections in many other places around California and elsewhere. (See, for example, a progressive criminal justice reformer victories in neighboring counties to San Francisco and Kim Reynolds in Des Moines, IA, as mentioned above, as just two such examples.)

Then, it's on to the upcoming January 6 hearings, where Nichols has both advice and concerns, particularly about what the Committee will ultimately offer in their critical recommendations. His greatest concerns seem to center on what Democrats are willing to compromise on in order to find unanimity with the Committee's anti-Trump, but still hard-right Republican Vice Chair Liz Cheney.

Among Nichols' top hopes for the Committee: Recommendations that Congress adopt a resolution that bars insurrectionists like Donald Trump from office, as per Section 3 of the U.S. Constitution's 14th Amendment; and (in what will clearly be a much heavier lift for the Committee's Republicans like Cheney), a call to abolish the Electoral College.

But will the hearings ultimately make any difference to a divided nation, with so many already having hardened their positions on Trump and his attempt to steal the 2020 election? We've got a whole lot to discuss with Nichols today, so I hope you'll tune in!...

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Just another day on Democracy Watch...cuz someone's gotta...
By Brad Friedman on 6/7/2022 6:13pm PT  

It's 'Super Duper Tuesday' Midterm Election Day today in Iowa, Mississippi, Montana, New Jersey, New Mexico, South Dakota and California. The good news on today's BradCast? So far, no noteworthy reports, as of airtime, of voting system disasters that we've heard about or been able to find. But the night is young. Results from today's elections, such that we have them, on tomorrow's show. But, don't worry, we've got tons of elections and democracy related news for you nonetheless. [Audio link to full show is posted below this summary.]

Among our many stories covered today...

  • As Philadelphia Inquirer's Will Bunch described it in his email newsletter today, "the multi-millionaire celebrity doctor from New Jersey officially defeated the multi-millionaire hedge fund CEO from Connecticut to become the Republican nominee for U.S. Senate from Pennsylvania." He's mostly correct. The Connecticut hedge fund millionaire, Dave McCormick, did concede late last week to the New Jersey millionaire TV doctor, Mehment Oz amid Pennsylvania's recount in the very close May 17 race to become the GOP nominee for the Keystone State's U.S. Senate contest to replace retiring Republican Senator Pat Toomey. But a concession doesn't actually mean anything. Oz will not become the "official" nominee until the recount is finalized over the next day or so. Then, the Trump-endorsed celebrity TV doctor, who is not a resident of Pennsylvania, but is a Turkish citizen, will become the GOP's "America First" nominee to run against PA's Democratic Lt. Gov. John Fetterman this November. Presuming Fetterman's health holds out. Dems see the seat as among the most flippable this fall...assuming Fetterman's health etc...
  • In other very close primary news, two Democratic recounts in U.S. House primaries now await in Texas. In the state's 28th Congressional District, rightwing, pro-gun, anti-choice Democratic Rep. Henry Cuellar ended the canvass period up by just 281 votes (out of about 45,000 cast) over progressive favorite Jessica Cisneros after their May 24 runoff election. Today, Cisneros officially requested a recount --- and must pay for it, unless she ends up winning it --- despite some obnoxious comments from Cuellar who, himself, ended up winning a 2004 primary recount against his Democratic opponent when he first went to Congress. Back then, he had lost by 145 votes after the canvass, but ended up winning the race by 58 votes after a recount. So, you'd think he'd be a bit less obnoxious in this case...but you'd be wrong. Whoever wins the recount will probably take the House seat in the "blue"-leaning district.
  • In another Democratic primary race for U.S. House in Texas, there was an even closer race, with progressive Michelle Vallejo topping the more conservative Ruben Ramirez by just 30 votes (out of about 12,000 cast) in the state's 15th Congressional District. Ramirez says he too will seek a recount. Whether either of these races will be recounted by hand in the state is unclear. But if the candidates want to know who really won or lost, they will fight for a count by hand, rather than by the same computers that tallied the results in the first place. The winner of the race will face off with Republican Monica De La Cruz in November, in what is expected to be one of the most competitive House races in the state after this year's round of gerrymandering.
  • And speaking of gerrymandering...last month, a state court in Florida found Republican Gov. Ron DeSantis' new U.S. House map to be in violation of the state Constitution after voters, in 2010, added an Amendment that outlaws partisan maps and specifically those that diminish the ability of minority voters to elect their chosen candidate. The DeSantis map was enacted after he vetoed the GOP legislature's already-gerrymandered map and made it even worse by removing a district currently represented by Democratic African-American Rep. Al Lawson. Last month, the state court ordered a new, fairer map, but a state appeals court blocked that order. The appellate decision was quickly appealed by voting rights groups. But late last week the state's GOP state Supreme Court allowed the appeals court's stay to remain in place. That means that DeSantis' extremely gerrymander U.S. House map --- found to have been in violation of the state Constitution --- will almost certainly be used anyway this year. The unconstitutional map allows a GOP advantage in 20 of the state's 28 districts, despite DeSantis having barely won his own election in 2018 in the closely divided state by less than one-half of a percentage point.
  • In somewhat brighter gerrymandering news (at least until the ruling is overturned by the very rightwing 5th U.S. Circuit Court of Appeals), a federal judge in Louisiana on Monday found the state GOP's U.S. House map in violation of the Voting Rights Act. The map --- originally vetoed by Democratic Gov. John Bel Edwards, but overridden by the GOP state legislature --- includes just one black majority Congressional District, out of six, even though the state's population is almost one-third black. LA's Republican Sec. of State has vowed to appeal the court ruling which bars the use of the gerrymandered map. But, given the corrupt 5th Circuit Appeals Court and the GOP's corrupt, stolen and packed U.S. Supreme Court above them, it's a safe bet the state's unconstitutional map will be allowed for the critical 2022 midterms anyway. It'd be nice if we're wrong about that. But don't bet on it.
  • Next, we've been covering, in great detail in recent months, the many schemes by Republican election insiders across the country, in the wake of the 2020 election, to breach proprietary computerized voting systems, make copies of the sensitive software, and even release it to the public in some cases. (See the Mesa County, Colorado County Clerk Tina Peters, who is now facing criminal charges for what she did, or the GOP Board of Elections in Coffee County, Georgia, for just two examples.) While Reuters reports that there have been at least 17 such incidents nationwide, their new exclusive finds that 11 of them took place in Michigan. Based on public records requests, the new outlet found discovered that there has been "a flurry of efforts by state authorities to secure voting machines, poll books, data-storage devices and phone records as evidence in a probe launched in mid-February." Luckily, the state has a Democratic Governor, Attorney General and Secretary of State, the latter of whom tells Reuters that law enforcement officials are now probing whether the broad election system breaches by GOP "fraud" dead-enders are coordinated. This in a state where even the GOP state legislature issued a report finding no evidence of widespread fraud and called for the prosecution of those who fraudulently claimed that there was. "If there is coordination," Sec. of State Jocelyn Benson told Reuters, "whether it's among those in our state or reaching up to a national level, we can determine that and then we can seek accountability for all involved." I expect we'll be hearing more about this effort in the days, weeks and months ahead.
  • Finally, Desi Doyen joins us for our latest Green News Report, as she gets us caught up on a whole bunch of stuff that happened while we were out last week. Happily, not all of it --- just some of it --- is terrible news...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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CISA issues advisory based on sealed expert report in GA voting system lawsuit; Also: We try to open the phones re: upcoming J6 hearings, get waylaid by callers with other matters on their mind...
By Brad Friedman on 6/6/2022 6:05pm PT  

Like it or not, we're back on today's BradCast! But we've got plenty of trouble-making and muckraking for you today, and even some contentious listener calls for your listening pleasure! [Audio link to full show follows below this summary.]

First up, some long overdue good news. Though we've been warning, in great detail, over the years (nearly 20 of them, at this point) about the risks of voting on 100% unverifiable touchscreen voting systems, we now have some good(ish) company. Last Friday, the U.S. Cybersecurity and Infrastructure Agency (CISA) issued a public security advisory regarding nine serious vulnerabilities discovered in touchscreen Ballot Marking Devices (BMD) made by Dominion.

The alert comes after the federal agency's review of a sealed report, which a federal court in Georgia allowed CISA to access, created by the University of Michigan's J. Alex Halderman, a longtime cybersecurity and voting systems expert who is serving as an expert witness in the Coalition for Good Governance's long-running lawsuit to block the use of those systems in the state. The Coalition, founded and headed up by frequent BradCast guest Marilyn Marks, filed suit in 2017 against Georgia's use of touchscreen systems made by Diebold. After the court found those systems to be unverifiable, insecure and, therefore, unconstitutional, the state defied expert advice to move to a hand-marked paper ballot system. Instead, GA's Sec. of State Brad Raffensperger forced all counties in the state to switch to a newer touchscreen BMD system made by Dominion, which has many if not all of the same vulnerabilities as the older systems that were banned by the court.

As part of the Coalition's lawsuit, Halderman was granted access to the Dominion systems and found vulnerabilities so alarming that his report was sealed by the federal judge and even blocked from review by the plaintiffs. Only their attorneys could view the report, until CISA asked to see it in February. U.S. District Judge Amy Totenberg allowed them access and, after studying the report and notifying the 16 states where Dominion BMDs are used, CISA issued their public alert last week.

"One of the most serious vulnerabilities could allow malicious code to be spread from the election management system to machines throughout a jurisdiction," according to Kate Brumback's excellent coverage at AP. "The vulnerability could be exploited by someone with physical access or by someone who is able to remotely infect other systems that are connected to the internet if election workers then use USB sticks to bring data from an infected system into the election management system."

In the wake of Donald Trump's lies about the 2020 Presidential election being stolen (when, in fact, it was he who was attempting to do so), has led to a rash of election insiders --- the County Clerk in Mesa County, CO, the Board of Elections in Coffee County, GA, to name just two cases --- making secret copies of proprietary voting system software and releasing it to members of the public in an extraordinary security risk for future elections.

The vulnerabilities, according to CISA, could allow manipulation of results in a way that would not necessarily be discovered by most security provisions employed by most jurisdictions which use these terrible types of voting systems. Halderman told AP that he believes it is not only the systems made by Dominion that are vulnerable. Similar touchscreen systems made by ES&S, the nation's largest vendor, are used in many more states across the country, or by Smartmatic, whose touchscreen BMDs are now forced on voters at the polling place here in Los Angeles County, the nation's largest single voting jurisdiction. They all have many of the same design flaws, such as the use of barcodes/QRCodes to tally ballots printed out by the systems, ignoring the human-readable selections printed on the same ballot paper that may or may not have been correctly verified by the voter.

"There are systemic problems with the way election equipment is developed, tested and certified," Halderman told AP, "and I think it’s more likely than not that serious problems would be found in equipment from other vendors if they were subjected to the same kind of testing."

We dive into the details of this long overdue story today, along with recommendations for how voters can maximize the odds are their votes being tallied as per their intent in this year's critical midterm elections. (One key suggestion: Vote on a hand-marked paper ballot if possible! Even if it means using an absentee ballot. Deliver it in person to a dropbox or polling place, if you can!)

Next up, we try to open the phones to callers regarding their hopes for the the upcoming U.S. House select Committee's public hearings, beginning this Thursday, on Donald Trump's January 6, 2021 insurrection and his attempt to steal the 2020 Presidential election. As it turns out, however, some callers want to discuss election concerns. And, among them, at least one of whom is a terribly disinformed rightwinger who actually believes the 2020 election was stolen. Much fun ensues thereafter! Enjoy!...

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Guest: Howie Klein of 'Down With Tyranny'; Also: Several important (and mostly good) updates on some stories we've recently covered closely...
By Brad Friedman on 5/27/2022 7:07pm PT  

It's another three-hour show packed into about 57 minutes on today's BradCast, as we catch up with a lot of primary election coverage that we previously postponed due to all the mass shootings, and a bunch of late updates on several critical stories we've been closely following of late. [Audio link to full show follows after this summary.]

First, before our always-lively guest today, those updates...

  • SB 1480, the Internet and Fax voting bill shamefully supported by Democrats in the California state legislature has now passed in the state Senate and heads to the Assembly. We recently discussed with longtime Internet voting expert Dr. David Jefferson why the bill is such an outrageously terrible idea. And we urge you once again to stop by Scrutineers.org/California to learn how (and why) you can help stop it before it becomes law and makes its way into the other 49 states!
  • In a more encouraging update to a story we've recently been covering in detail, a three-judge federal appeals court panel (including judges nominated by Biden, Obama and Trump) have overturned the ridiculous ruling by a Trump-appointed lower court judge who found that a federal Amnesty Act for many Confederates in 1872 somehow gave amnesty to January 6th insurrectionists running for office 150 years later. This was part of a challenge led by Free Speech for People (FSFP) to the ballot eligibility of North Carolina's first-term Rep. Madison Cawthorn, under the U.S. Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3). Though Cawthorn lost his recent primary race for reelection, the appeals court found the case was not moot, because Cawthorn's contest has not yet been officially certified. This is the second federal court to find that the clause may still be used to challenge insurrectionist running for office. FSFP called the ruling a "major victory", warning that other candidates, including Donald Trump, if he runs in 2024, will not be shielded "from the consequences of their actions" when seeking eligibility for the ballot during Constitutional challenges at the state level.
  • And, in another story of ballot disqualification at the state level that we covered in detail earlier this week, the Michigan Board of State Canvassers on Thursday officially disqualified 5 of 10 Republican candidates seeking the GOP Gubernatorial nomination there --- including the two leading candidates --- after finding that they collectively turned in some 68,000 fraudulent petition signatures in hopes of qualifying for this year's August 2nd primary ballot. All of the GOP candidates falsely claim that Donald Trump only lost the state of MI through massive election fraud by Democrats, before their campaigns apparently went out and committed actual massive election fraud in hopes of qualifying to run. Several of the rejected candidates vow to appeal the decisions and blame the state for their own failure to vet signatures and those they hired to collect them.
  • On Thursday, we detailed the story of the "Hiroshima of botched elections," as described by longtime Election Integrity advocate Sherry Healy, that has been playing out since the May 17 primary election for U.S. House in Clackamas County, Oregon. A disastrous ballot printing snafu --- and the way the disastrous Clackamas County Clerk handled it --- has prevented the finalization of several races, including one that was closely watched in Oregon's 5th Congressional district, pitting progressive Democratic challenger Jamie McLeod-Skinner against very conservative Democratic incumbent Rep. Kurt Schrader. On Friday, AP finally called the race for McLeod-Skinner as counting continues in that race. But, if it holds, it's seen a huge victory for grassroots progressives in unseating a sitting, rightwing House Dem (who had been supported by House leadership).
  • And finally, before getting to our guest today, on Thursday, a New York appeals court panel rejected a plea by Donald Trump, as well as Ivanka and Don Jr., to avoid sitting for a deposition in state Attorney General Letitia James' bank, insurance and tax fraud investigation of the former President and his company. On Friday, the news got even better. A federal appears court rejected the Trumps' attempt to nix the investigation entirely.

NEXT, we're joined by our old friend HOWIE KLEIN, the great progressive House candidate expert, longtime proprietor of the Down With Tyranny blog, and co-founder of BlueAmericaPAC, to discuss primary victories (and losses)for progressive Democrats in the 10 states that have held their primaries so far this year. Also, for a preview of Super Duper Tuesday midterm primaries coming up in seven states on June 7th, including here in California (where Howie has some tips for voters in both state and key Los Angeles races.)

Among the races and candidates Howie offers insight on today...

  • Pennsylvania's Lt. Gov. John Fetterman, now running as the state's Democratic U.S. Senate nominee;
  • The huge win for progressive Summer Lee in PA's 12th Congressional District;
  • Progressive Jamie McLeod-Skinner's apparent victory over incumbent Blue Dog Dem Rep. Kurt Schrader in Oregon's 5th Congressional District;
  • The victory of state Rep. Andrea Salinas over a candidate supported by a rightwing crypto-billionaire and Democratic House leadership in OR-6;
  • Rep. Madison Cawthorn's loss in North Carolina's Republican 11th CD and what that means for Democrat Jasmine Beach-Ferrara hoping to win that seat in November;
  • The ongoing, incredibly close battle between rightwing, pro-NRA, anti-choice Dem Henry Cuellar against progressive challenger Jessica Sisneros in Texas' 28th CD;
  • Rep. Lucy McBath's victory over Blue Dog Dem Rep. Carolyn Bourdeaux in a rare member-versus-member contest in Georgia's 7th CD;
  • And whether GA's far-right insurrectionist Republican Rep. Marjorie Taylor Greene, victorious in her 14th District primary this past week, can possibly be unseated by Dem challenger Marcus Flowers.

That's just a taste. Tune in for much more from Howie on all of this, including his several tips for progressive Los Angeles voters on June 7th. (Here's one of them: Anyone but Rick Caruso, "L.A.'s Donald Trump," for Mayor.)

We're off next week, as Desi gets to go see her family for the first time since before the pandemic! Nicole Sandler fills in for us for a few days. And if all goes well, we'll be back before Super Duper Tuesday! See ya then!...

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Guest: Election Integrity activist Sherry Healy on Clackamas County, OR's primary election boondoggle; Also: Abbott slashed mental health care in TX before shooting; GOP blocks domestic terror bill in Senate; Trump loses another appeal in NY...
By Brad Friedman on 5/26/2022 7:10pm PT  

On today's BradCast: More shameful GOP responses to America's continuing mass shooting epidemic; one step closer to some accountability for our corrupt former President; the Republican Party's shameful response to a very close primary election in Pennsylvania; and an unmitigated election disaster for voters continues to hold up a critical U.S. House race two weeks after Oregon's midterm primaries. [Audio link to full show is posted below this summary.]

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

  • This week in Uvalde, Texas, 19 fourth graders and two teachers were murdered after the shooter at Robb Elementary School had no problem purchasing two semi-automatic rifles and hundreds of rounds of ammo just days after his 18th birthday this month. The state's Republican Gov. Greg Abbott --- who is up for reelection this November --- declared after the massacre that the problem was mental illness and Texas must "do a better job with mental health." But last month, Abbott slashed $221 million from the department overseeing mental health programs in the state which, according to a new study, ranked 50th last year for access to mental health care. That, after Abbott signed bill after bill making it easier for Texans to buy, carry and kill as many people as possible, with high-powered, military-style weapons. (Did I mention that Abbott is up for reelection this November?)
  • It's not only Texas Republicans working hard to make it as easy as possible to kill fellow Americans. Just days after back-to-back-to-back mass shootings in America, Senate Republicans on Thursday blocked a bill in the U.S. Senate meant to help to prevent domestic terrorism. The measure was already adopted by Democrats in the House. Not one single Republican Senator voted in favor. (Several of them will be on the ballot this November.)
  • In somewhat brighter news, a federal judge on Wednesday rejected a lawsuit by gun manufacturers, distributors and retailers which had attempted to block New York's new law allowing those in the firearms industry to be sued by the state, cities and individuals for endangering the public's safety and health. NY Attorney General Letitia James said the judge's ruling offers "a moment of light and hope" following the American carnage of the past two weeks. The trade group representing the domestic terrorism industry, The National Shooting Sports Foundation (NSSF), vowed to appeal.
  • In more good NY/Letitia James-related news, a four-judge state appeals court panel today upheld a lower court ruling that Donald Trump and his children Ivanka and Don Jr. must sit for a deposition in James' civil investigation examining the Trumps' "fraudulent" valuation of properties in bank, tax and insurance filings. The Trumps claimed their comments under oath could be used against them in a parallel criminal investigation by the Manhattan District Attorney into many of the same issues. The court agreed. But noted that that's why the Fifth Amendment right against self-incrimination exists. If the Trumps want, they may invoke it during their depositions, in the same "disgraceful" way, according to Trump, that "only mobsters" use it. Some difficult choices await in the very near future for our disgraced former President.
  • In Pennsylvania, nearly two weeks ago, Trump-endorsed celebrity TV doctor Mehmet Oz and former hedge-fund CEO Dave McCormick battled to a virtual tie for the GOP U.S. Senate nomination. The winner will run against Democratic nominee, Lt. Gov. John Fetterman. As of today, Oz leads McCormick by fewer than 1,000 votes out of more than 1.3 million cast in the Keystone State's GOP primary. This week, McCormick sued in federal court to assure that all legal ballots are counted, including mail-in ballots that arrived on time but have a missing or incorrect date on the secrecy envelope. Another court recently ruled such ballots are valid and must be tallied. The RNC and Pennsylvania Republican Party, however, are intervening against McCormick to prevent those lawful, valid ballots from being tallied in the U.S. Senate primary and are attacking their own candidate, McCormick, for daring to enfranchise all Republican voters. On Wednesday, the state announced there will be an automatic statewide recount in the race, with about one-tenth of one percentage point currently separating the two leading candidates in the unofficial results. The official winner should be named by June 9.
  • Another midterm primary election held on the same day in Oregon, on May 17, has far worse problems. The closely watched U.S. House race in the state's 5th Congressional District between grassroots-supported Democrat Jamie McLeod-Skinner and conservative Democratic Rep. Kurt Schrader caused much excitement on Election Night, when McLeod-Skinner appeared on her way to unseating the incumbent Congressman. Then, with about 68% of the vote in, pretty much all of the counting stopped and hasn't moved much, if at all, since then.

    What happened? We're joined today by one of Oregon's longtime Election Integrity activists SHERRY HEALY --- co-founder of the California Election Protection Network, and, more recently, the Chair of the Oregon Democratic Party's Election Integrity caucus --- to explain the disaster in Clackamas County, OR which has held up the tally.

    As she details, a printing problem on the barcodes (used to identify party and precinct) on tens of thousands of the County's vote-by-mail ballots means they cannot be run through the computerized tabulation system. But, rather than count those ballots publicly by hand, the County's longtime beleaguered County Clerk, Sherry Hall (pictured above), decided that those tens of thousands of otherwise valid ballots should be "remade" by hand --- duplicated by election officials --- on separate ballot sheets so they can then be running through the optical scanners for tabulation.

    "This county clerk has a long history of bungled elections," Healy explains. "But this is the Hiroshima of botched elections." Healy details how Hall failed to adequately test the ballots for this problem after receiving them from the printer before sending them out to voters. Moreover, the decision to remake tens of thousands of ballots, rather than simply count them by hand, "imperils" the entire election, she charges.

    Healy calls Hall's decision "absurd" and "insane," explaining that a simple hand-count "would take less time and be more efficient and accurate" than recreating "in excess of 66,000" ballots.

    Hall, a Trump supporter elected to the job back in the Tea Party days about a decade ago, has a long history of problems in her office. Way back in 2012 we reported on an election official in Clackamas who was indicted on six felonies and two misdemeanors after she was found to have secretly filled in unvoted races for Republican candidates on incoming mail-in ballots.

    When Hall announced that the printing error on the ballots made them unscannable, she claimed that it was new deadlines adopted by the state legislature for the receipt of incoming mail ballots that would hold up her county's tally, as opposed to her own failure to test ballots before sending them out. More recently, she denied that she gave permission for a Schrader campaign observer to enter the counting room an hour early, before observers from the McLeod-Skinner campaign had arrived. Then security camera footage was obtained through a public records request revealing she had lied about that.

    It's unknown when the tabulation in Clackamas will finally be complete. The 5th Congressional District primaries on both the Democratic and Republican side remain uncalled, with just over 70% tallied in each almost two weeks after Election Day. (More have come in since air time today.) For now, McLeod-Skinner remains almost 15 points ahead of Schrader. But that could change. In the meantime, there are a whole lot of lessons to be learned from this entire mess, as we discuss with Healy today. (And, yes, Hall is also up for reelection this November.)

  • Finally, Desi Doyen joins us for our latest Green News Report, with some disturbing news about this year's hurricane season (it officially begins next week, buckle up). But she's also got some encouraging news about accountability for an upcoming climate fraud trial for ExxonMobil, and the Biden Administration's EPA putting what may be the final nail into the coffin on a longtime controversial proposed mining project in Alaska...

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How the Uvalde school shooting came to happen, who must be held accountable, and what must come next; Also: Noteworthy results from Tuesday's midterm primaries in AL, AR, GA and TX...
By Brad Friedman on 5/25/2022 5:55pm PT  

On today's BradCast: While seemingly separate issues, the school shooting in Texas on Tuesday and the same day's midterm primary elections aren't separate issues in the least. [Audio link to full show follows this summary.]

On Tuesday, at least 19 fourth graders and two teachers were murdered at the Robb Elementary School in Uvalde, Texas. As in Buffalo, New York just over a week ago, the shooter in TX was 18-years old, armed to the teeth with sophisticated semi-automatic weaponry, wearing body armor and able to easily overcome "a good guy with a gun." In Buffalo, the "good guy" was an ex-cop turned grocery store security guard who was killed trying to stop the gunman. In Uvalde it was a school security guard and two local cops --- three law enforcement officials in all --- who were unable to prevent the gunman from battling his way into the school to use the two AR-15 style assault rifles and nearly 400 rounds of ammo that he'd just purchased immediately upon turning 18 this month. All of that, thanks to the Republicans in Texas, from the Governor to the state Legislature to the Attorney General to the state's voters, who made it all not just possible, but easy.

While so much of this has become normalized, none of it actually is. We cover a lot of territory on all of this today, from the Federal Assault Weapons Ban that worked well from 1994 to 2004, before Republicans, by then fully captured by the gun lobby, allowed it to end; to President Biden's emotional and at times angry remarks in response; to the horrific increase in recent years in crimes carried out with these types of weapons; to the pathetic statements from Texas' chief law enforcement official Attorney General Ken Paxton and its Governor Greg Abbott who both worked hard to make all of this carnage not just possible but much more likely; to responses from Abbott's Democratic opponent this November, Beto O'Rourke and even the Golden State Warriors head coach Bill Kerr; to a sobering reminder from Richard Nixon's conservative Republican U.S. Supreme Court Chief Justice Warren Burger in 1991, when he made it clear that 2nd Amendment has been the subject of "one of the greatest frauds every committed on the American people."

While the demons at the NRA and in the Republican party and on the GOP's stolen and packed Supreme Court all share in the blame, so do we the people for continuing to elect the (mostly) Republican lawmakers who have helped to ensure these unspeakable tragedies will continue by refusing, for decades now, to take any legislative action at all to prevent them.

The ballot box is now our only way out.

To that end today, we also cover noteworthy results from Tuesday's critical primary elections in Alabama, Arkansas, Georgia and, yes, the very bloody state of Texas...

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State's latest GOP fraud includes 68,000 forged petition signatures from 5 of 10 Guv candidates; Also: GA website change blocked thousands of voter registrations last year; Another horrific school shooting in TX...
By Brad Friedman on 5/24/2022 6:36pm PT  

On today's BradCast: It's hardly the first time this has happened in Michigan. But now it may take down a whole bunch of the GOP's top nominees for Governor in 2022 all at once. If you're wondering where the "massive election fraud" is, look no further than the Republican Party in Michigan. [Audio link to full show is posted below this summary.]

But, first up today, it's midterm primary day in Alabama, Arkansas and Georgia, with a couple of midterm primary runoffs of note in Texas. We'll have full results (or, at least, noteworthy and available ones) on tomorrow's show.

The good news today is that we've found few reports, so far, of voting or voting system problems in the states holding elections on Tuesday, though there were a few reported failures, naturally, of GA Sec. of State Brad Raffensperger's 100% unverifiable touchscreen voting systems in the Peach State, preventing some from voting when polls opened in several different (Democratic-leaning) counties.

In other GA-related election news today, the Atlanta Journal Constitution reports that a change made in January last year to the website at the state's Department of Driver Services resulted in a huge drop-off of new voter registrations. State law requires automatic registration on the Department's website whenever someone applies for a new license or changes their address. The program had been a tremendous success when first implemented in 2016. Last year, however, the Department changed the format from an automatic registration, unless the user chooses to "opt-out", to a form where users are asked to chose "yes" or "no" to register. This March, after reports of registrations at the site falling over a cliff in 2021, the old "opt-out" format was restored and registrations immediately sky-rocketed in April. Nonetheless, Raffensperger, as he runs for reelection this year, has called for doing away with automatic voter registration entirely.

Shamefully, that would make it both more difficult to register and more difficult to keep voter rolls up to date with accurate addresses as voters move around the state. Keeping registrations in sync with voters' latest address is a good thing for those of us who believe in accurate rolls. Apparently, if Raffensperger's recent comments on this are any indication, Republicans only pretend to care about such things.

They also only pretend to care about election fraud, it seems, if the enormous election fraud scandal breaking wide open this week in Michigan is any indication.

Ten years ago we reported on a signature petition forgery scandal by a sitting U.S. Congressman in Michigan. Four of his top staff members were found to have falsified most of the 1,000 signatures needed for his reelection bid (which he eventually abandoned after not receiving enough valid signatures). The staffers of then-U.S. Congressman Thaddeus McCotter were charged at the time with a total of 12 felonies and 21 misdemeanor election fraud charges.

Now, a decade later, complaints were filed last month against three top GOP Gubernatorial candidates charging that their petition signatures were riddled with forgeries, including people who had died. On Monday, the state's Bureau of Elections, after investigating the complaints, issued a shocking report finding that that 68,000 fraudulent signatures had been submitted by ten GOP Gubernatorial campaigns! At least five of them appear not to have submitted enough legitimate signatures to qualify for the ballot.

The Bureau's investigation [PDF] found the two front runners for the Republican nomination each appear to have failed to submit the 15,000 legitimate signatures needed to qualify for this year's ballot. The campaign of James Craig, formerly Detroit's Police Chief, submitted more than 11,100 fraudulent signatures, and businessman Perry Johnson's campaign allegedly submitted more than 9,000 forgeries. Though both submitted more signatures than needed to qualify, neither were able to turn in 15,000 valid ones.

The Bureau also found that Gubernatorial hopefuls Michael Brown, Michael Markey and Donna Brandenburg also fell short of the required 15,000 valid signatures, with each submitting more than 10,000 fraudulent ones on their petitions.

This Thursday, Michigan's four-person Board of State Canvassers meets to determine which candidates will be allowed on the state's August 2nd midterm primary ballot. The Board is made up of two Republicans and two Democrats. Candidates will need at least three votes of the Board to qualify. As one of the original Democratic complainants said, "All indications are, it's going to be a long meeting Thursday."

(All of this comes, ironically enough, after a "crazy" state GOP convention last month where party officials selected two Trump-backed 2020 election deniers to be the party's nominees for Sec. of State and Attorney General. Each maintain that the election was stolen in Michigan from the disgraced former President, who was defeated by Joe Biden there by more than 150,000 votes.)

Next time you are told that Democrats are committing "massive election fraud" (despite the lack of evidence to support the claim) feel free to point them toward this matter, after 5 of the 10 Republicans running for Governor in Michigan in 2022 were all found to have submitted thousands of fraudulent signatures in hopes of qualifying for the ballot. Or, you can point them to the story we wrote ten years ago about the same problem in Michigan back then. That report also included evidence of election fraud crimes by a whole bunch of other top Republicans at the time, from then-former MI Governor, now Utah's U.S. Senator Mitt Romney, to former U.S. House Speaker Newt Gingrich, to Indiana's former Sec. of State Charlie White, to former GOP superstar Ann Coulter (and many others).

We had hoped to wrap up today's show with our latest Green News Report, which includes some very good news indeed about a huge increase in the sale of electric vehicles and even better news about climate and last weekend's Australian elections. Unfortunately, news of the latest horrific school shooting in Texas broke while we were on air, and we close today with some of that tragic, breaking news...

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Guest: Dr. David Jefferson, formerly of Verified Voting, Livermore Nat'l Lab; Also: Biden on U.S. Taiwan policy; First Russian sentenced for war crimes; Russian diplomat resigns, 'ashamed' of nation's Ukraine lies...
By Brad Friedman on 5/23/2022 6:41pm PT  

On today's BradCast: You'd think by now they'd certainly have learned that insecure, un-overseeable (and thus, unverifiable) voting systems are a terrible idea in the age of phony claims of "Fraud!" by the MAGA Mob. But, apparently, Dems --- at least a bunch of them in the California state legislature --- never seem to learn.

First up today, however, a quick review of everything, happening everywhere, all at once. And specifically some critical news today from overseas. On that overseas news...

  • Joe Biden declared today in Japan that, "yes", the U.S. would intervene "militarily" if China were to invade Taiwan. That, he said, was a commitment made "even stronger" following Russia's invasion of Ukraine. Other U.S. officials, however, say those comments do not reflect a change in U.S. policy. Okay...
  • In Ukraine, a 21-year old Russian soldier who says he was ordered several times by superiors to kill an unarmed civilian, before he finally did, was sentenced to life in prison on Monday. He admitted to the crime and apologized to the wife of the 62-year old man that he killed. In truth, he seems to be a young kid who had no idea he would end up in a hot war in Ukraine when he signed up for the military to help out his family. There are likely to be hundreds of more such trials in Ukraine given the number of documented war crimes we've seen over the past three months of this horrific war.
  • And, in what we hope is a blow to Russia's well-funded, worldwide propaganda regarding Ukraine, a veteran Russian diplomat at the U.N. office in Geneva, Boris Bondarev, resigned on Monday, declaring in a scathing letter to colleagues that "it is intolerable what my government is doing now." He describes how, over his 20-year diplomatic career for Russia, he has never been "so ashamed of my country", calling the invasion of Ukraine "not only a crime against the Ukrainian people, but also...against the people of Russia." He went on to deride "propaganda clichés in the spirit of Soviet newspapers of the 1930s" emanating from the Russian foreign ministry and charges that it is no longer "about diplomacy," but "all about warmongering, lies and hatred." This incredibly brave man concludes: "The Ministry has become my home and family. But I simply cannot any longer share in this bloody, witless and absolutely needless ignominy. Job offers are welcome..."

NEXT, in a whiplash inducing change of topic today, as primary season continues (with midterm elections on Tuesday in Alabama, Arkansas and Georgia --- and several important primary runoffs in Texas), we turn to the urgent matter of a new bill moving quickly through the California state legislature which would allow Internet Voting in the state --- or, as the bill deceptively describes it, "electronic Remote Accessible Vote by Mail" or "RAVBM".

The measure, Senate Bill 1480, sponsored by Bay Area Democratic state Senator Steve Glazer, is opposed by dozens of world class voting system and cybersecurity experts --- both groups and individuals --- and is supported only by a handful of groups, including Microsoft and a couple of disability rights organizations. Nonetheless, it passed out of California's Senate Appropriations Committee on Friday and will quickly receive a vote on the Senate floor as early as today, before moving to the state Assembly and on to the Governor for his signature, if it's adopted there.

Dangerous Internet Voting schemes have long been prohibited in California. But SB 1480 would remove that prohibition to allow it for use by "qualified disabled individuals" once the Secretary of State certifies an Internet Voting system. Until then, those individuals would be allowed to vote via fax, according to the measure. Opponents see the targeting of disabled voters as a first step toward broader implementation of Internet Voting schemes.

We're joined today to explain all of this by one of the nation's most prominent Internet Voting experts and opponents. DR. DAVID JEFFERSON is a veteran of Livermore National Lab, a former board member of VerifiedVoting.org, and a pioneer in research at the intersection of computing, the Internet, and elections for 20 years. He has also served as advisor to five successive Secretaries of State of California on technology-related issues, specifically on voting technology.

Jefferson explains today what a terrible idea SB 1480 is and why, detailing the many concerns about security of transmission over the Internet, lack of transparency, and how even fax transmissions now use the Internet to send and receive information which can be easily intercepted and changed during transit without either the voter or election officials having any idea that it happened.

The wording "electronic Remote Accessible Vote-by-Mail" in SB 1480 is, itself, "kind of a contradiction in terms," says Jefferson, "because you are no longer mailing a piece of paper back. After filling out the ballot on your computer screen or mobile device, you then click a button that says 'send back by fax' or some other electronic means. It inevitably travels over the Internet from the voter to the jurisdiction that is going to count it. So it's not a voter-verifiable ballot by the time it gets to the jurisdiction, and it's not meaningfully auditable because it's not voter-verified. It's subject to many, many cybersecurity hazards along the way."

"California has been a leader in not allowing any form of Internet voting. Some other states have copied that because they often look to California for leadership on technical issues," Jefferson observers, adding: "This would be, in my opinion, a giant step backwards."

"It's pretty clear to many of us that the long-term goal of some of the moneyed backers of bills like this --- and by the way, it's not just California, these bills pop up all over the country --- that their long-term goal is to open the door to Internet voting to all voters, if they can," he tells me. "They've tried before, and in some states they have succeeded, for some time, and it fortunately hasn't lasted. So yes, that's a realistic concern."

Bottom line, warns Jefferson: "If an election is attacked through the Internet, it's hard to even know that the attack has even occurred."

One would think CA Dems would know that by now, as they've tried over and over again (unsuccessfully, to date), to pass a measure that would lift the state's prohibition on using the Internet for voting or transmitting votes. SB 1480 is opposed by, among others, Brennan Center for Justice, California Voter Foundation, the Electronic Frontier Foundation, Verified Voting, Public Citizen and some of our personal favorites like the Coalition for Good Governance, Free Speech for People, and Scrutineers.org, not to mention about a dozen grassroots "Indivisible" organizations and the Progressive Democrats of America. But, apparently, that hasn't yet been enough to slow down what will absolutely be a nightmare for California voters and others across the country, if this terrible idea becomes law.

The longtime election integrity advocates at Scrutineers.org have created an action page on SB 1480 at Scrutineers.org/California, with details on the legislation and steps you can take right now to let the state Senate, Assembly and Sec. of State know that this is a horrible idea for California, the rest of the nation, and secure, overseeable, verifiable American democracy itself...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Lynn Bernstein of Transparent Elections NC, John Brakey of AUDIT-USA; Also: GA law enforcement, election officials debunk 'voter fraud' claims in Trumpy propaganda documentary, '2000 Mules'...
By Brad Friedman on 5/20/2022 6:50pm PT  

Compare and contrast on today's BradCast. Shoddy treatment of real election observers versus velvet glove treatment of wingnut con-artists claiming the 2020 election was stolen. In one case, longtime non-partisan election integrity observers are locked out from overseeing public election processing before this past week's critical primary elections in a North Carolina county. In the other, longtime phony GOP "voter fraud" fraudsters pretending to be election integrity advocates see their false claims in a propaganda film expensively debunked by both law enforcement and state election officials in Georgia. [Audio link to full show follows below this summary.]

First up, it's the fraudsters who recently released a propaganda documentary into theaters called 2000 Mules. We debunked the film's central claims in detail on this program when it was first released about two weeks ago, as it began trending in rightwing social media circles along with claims from many easily-duped folks that the film proves the election was stolen from Donald Trump.

A number of media outlets explained at the time why it doesn't even come close to doing any such thing. The film relies on cell phone geolocation tracking data and some security camera footage of absentee ballot drop-boxes in several swing states won by Joe Biden to claim that thousands of "ballot mules" illegally "harvested" tens of thousands of fake ballots (from somewhere or other) and deposited them unlawfully to steal the election from Trump. Supposedly, all of those ballots were unlawful votes for Biden, but there is no evidence for that either.

The film was produced and directed by a longtime rightwing activist named Dinesh D'Souza (who pleaded guilty to actual federal election fraud crimes some years ago, before being pardoned by Donald Trump). D'Souza highlights the claims of a longtime, dark money-funded, many times discredited, fake "election integrity" group from Texas calling themselves True the Vote. But, apparently, not mentioned in the film is that their cell phone "evidence" of repeated visits within 100 feet of drop-boxes and security camera footage was already reviewed and rejected by both the FBI and the Director of the Georgia Bureau of Investigation (GBI) before the film was even released earlier this month. A September 30, 2021 letter from GBI Director D. Victor Reynolds explains that, after a full investigation, and consultation with the FBI, the data submitted "does not rise to the level of probable cause that a crime has been committed."

That finding was further buttressed this week when Georgia's state Board of Elections dismissed the groups allegations of fraud by tracking down those shown on camera as depositing multiple ballots into drop-boxes. As Washington Post reports, state investigators tracked down the voters shown in the film and were able to confirm the ballots they deposited were actually those of direct family members, which is perfectly lawful in the state.

It's unknown how many tax-payer dollars were wasted by state (and federal) officials on these wild goose chases into perfectly legal voting, based on D'Souza and True The Vote's absurd claims.

Meanwhile, things were very different this past week in North Carolina, where actual election integrity advocates were prevented from doing their work of overseeing elections on behalf of the public and were even threatened with arrest in Wake County, the closely divided swing-state's most populous county.

We're joined today by two guests we've known for a while and who have been on the show in the past. LYNN BERNSTEIN is the founder of Transparent Elections NC and JOHN BRAKEY is the Director of AUDIT-USA. (Listeners will remember Brakey as the guy who originally exposed on this program, and later in video that went viral, that election denialists in Maricopa County, Arizona last year were examining paper ballots under microscopes for evidence of bamboo fibers to prove their false claim that thousands of fraudulent ballots were somehow cast from someone or another in Asia. Brakey served for months as a public observer of that failed "forensic audit" by the now-defunct Cyber Ninjas in Phoenix.)

This week, the groups of both Bernstein and Brakey published a press release announcing that the two had been barred from the grounds of the Wake County Board of Elections in advance of last Tuesday's midterm primary tabulation. The announcement charged they "were threatened with arrest and prevented from observing routine election administration activities by Wake County election administrator Gary Sims, in violation of North Carolina State Election Law."

We've got audio clips today of the pair being told they were not allowed on the grounds of the Wake County BOE, and of Bernstein's husband Nick being escorted out during the public comment period by law enforcement at a BOE meeting on Monday.

So, what's going on here? Bernstein, an aerospace engineer, trained international election observer and longtime election integrity advocate, claims that "Sims has personally harassed me at Board of Elections meetings in front of the Board and he also threatened to call the police on me when I came to observe on Election Night for the 2020 primary, when I was an at-large observer for the Wake County Democratic Party." She says she and Brakey arrived outside the Wake BOE last week for only minutes before "the police arrived and said we were banned forever" from the grounds of the public facility.

Brakey, who was in town to help oversee tabulation and other often dull, but incredibly important public election oversight procedures, says "It's election time, and this is what I do. I travel the country and I try to work with and mentor other election transparency activists." He tells us that Sims was "out there in four minutes" after they arrived at the BOE and "he was steaming just having [Bernstein] there."

But why was all of this even happening? And why is Wake, according to Bernstein, the only county in the state that does not allow observers of the tabulation on Election Night? "If there's a motive behind all of this, it is not election fraud or anything like that," Brakey tells me. The pair speculate it has something to do with Sims hoping to move the County from their current hand-marked paper ballot system to an expensive, unverifiable touchscreen Ballot Marking Device computerized system for voters. Bernstein has long opposed moving to that type of system, as has Brakey (along with most cybersecurity and voting systems experts.)

Tune in for many more details on all of this, but I wanted to give this incident and both of these folks the highlight they deserve for what seems to be an outrageous attempt to prevent their important work bearing witness for the public when it comes to our public elections. "The actual act of voting is a secret process," Brakey notes. "Counting is a public process. It used to be, and it must be again."

We are more than happy, of course, to welcome Wake's Election Administration Gary Sims to respond on the program with his side of the story as well if he chooses to do so. We'd love to have him!

Finally, we close today with a few thoughts on all of the above, and a bit of listener email regarding trillions of tax-payer dollars in subsidies ("socialized welfare") to fossil fuel companies --- the most profitable companies in the world --- even as clean, renewable energy companies continue to struggle without the same kind of financial support from the government...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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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