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Latest Featured Reports | Thursday, December 26, 2024
Silent Nights, Holy Hell
A holiday message from The BRAD BLOG...
Sunday 'Happyish Holidays' Toons
THIS WEEK: Lots of Santa ... Lots of Naughty ... (And a Little of Bit Nice) ... Hark! The tooning angels sing! Glory to this year's collection of the best Hanuchristmaka toons!...
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's 'Day One' Threats: 'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws, Presidential powers; Also: House panel to release Gaetz report; Trump plans for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Opposition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. on FBI & 1/6; NC GOP power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
Firefighters struggle to contain Malibu wildfire; Planet getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
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...
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Dr. William 'DocDawg' Busa on a mysterious rightwing PAC spending millions to support a progressive in NC and GOP's pretend love for Sanders; Also: Bernie surges nationally, Trump lies in NH...
By Brad Friedman on 2/11/2020 6:00pm PT  

As usual, we cover far too much on today's BradCast, as New Hampshire voters head to the polls for their first-in-the-nation primary today. Full reported results from NH tomorrow, of course. [Audio link for today's show is posted below.]

Among those too many things covered today...

  • We start with some common sense news out of Nevada, where state Democrats, after the Iowa Caucus disaster, have decided to use hand-marked paper ballots for early voting in the state's upcoming February 22nd caucuses. However, they will still be relying on a vulnerable, online iPad tool to record sign-ins (albeit with paper backup, so there's that);
  • On Monday night, the eve of the New Hampshire primary, Donald Trump rallied in the Granite State by lying to supporters about voter fraud there, and by taking a small page from the disgraced Chris Christie's New Jersey "BridgeGate" scandal. Trump's Secret Service detail, according to campaign officials, made it difficult for Democratic candidates and their supporters to get around the state's largest city. Given that Republican Senators recently gave a thumbs up for Trump to cheat in the 2020 election with their "not guilty" votes at the end of last week's Impeachment Trial, nobody should be surprised he is now doing so;
  • But there was some very good news for Bernie Sanders from a national Quinnipiac poll on Monday night, revealing the Vermont Senator vaulting into first place ahead of Joe Biden for the first time. We also review a number of other interesting findings for the survey suggesting good news for Sanders, along with a warning that those are national numbers, in a nation that runs state-by-state elections instead. Just ask Hillary Clinton;
  • As he gains momentum, Sanders is also being forced to defend his identity as a "democratic socialist" and his support for programs such as Medicare for All and the Green New Deal. Republicans (and even some Democrats) are hoping to disparage Sanders with those charges, from which he does not shy away;
  • At the same time, Trump and friends and family are attempting to sow discord among Democrats by claiming that the DNC is rigging the election against Sanders, hoping they'll convince Sanders' supporters to sit out 2020 if he is not the nominee;
  • At the same time, Republicans in South Carolina are reportedly urging their own supporters to vote for Sanders in the state's upcoming February 29 primary, since the state GOP cancelled their own primary there as a gift to Donald Trump. The theory, also floated publicly by Trump himself, is that they'd love to run against Sanders this November because, they'd like you to believe he will be easy to beat;
  • And, just to the north, a mysterious group calling themselves the "Faith and Power PAC" is playing a similar game, by spending nearly $2.5 million to support a progressive state Senator for the Democratic U.S. Senate nomination in North Carolina's March 3rd Super Tuesday primary. The new group appears to be tied to Republicans and the candidate they are running ads for, state Senator Erica D. Smith [pictured above right], is currently running behind the centrist D.C. Dem-supported Cal Cunningham in the contest to win the Dem Senate nomination to run against vulnerable Republican incumbent Sen. Thom Tillis this fall. The TV spot purporting to be on behalf of Smith, highlights her support for Medicare for All, the Green New Deal, and other progressive policies making her "one of us", as the ad claims. (We interviewed Smith on The BradCast late last year, as she was demanding hand-marked paper ballots for North Carolina);
  • We're joined today by North Carolina's DR. WILLIAM BUSA of the progressive political data consulting firm EQV Analytics to discuss all of the dirty tricks in the Carolinas. Busa, who previously worked for state Senator Smith and writes as "DocDawg" at DailyKos, suggests this mysterious group of Republicans may have made a miscalculation in their attempt to monkey-wrench the Democratic Senate primary race in his state. He also explains how they may have committed fraud in their FEC filing. He shares his insight on the curious NC ad buy and the question of whether Republicans are really interested in running against progressives like Sanders and Smith because they believe they will be easy to beat this November, or because they want Democratic voters to BELIEVE progressives will be easy to beat. "Is this eleventy-dimensional chess or is this Tic-Tac-Toe that they're playing?," Busa asks. "I'm not entirely sure which it is, but I don't think it's eleventy-dimensional chess." We've got a lot to unpack in that conversation today!
  • Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad Down Under, unquestionably bad news for bumblebees and Antarctica (and, by extension, for all of us) and the interesting way that Democrats raised the issue of climate change during last Friday's Presidential Debate in New Hampshire...

See? Told you we covered too much! Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Caucus errors lead to unsupported charges of 'rigging'; Sanders seeks 'partial recanvass'; Unattended L.A. Vote-by-Mail drop-box removed thanks to public oversight; More Trump disasters and lies...
By Brad Friedman on 2/10/2020 6:25pm PT  

On today's BradCast: We get you all caught up after Friday night's lively Democratic debate in New Hampshire --- which included many calls for unity by most of the candidates --- and as voters in the Granite State prepare to vote on Tuesday in the first-in-the-nation primary. But the reported results from first-in-the-nation caucuses, held last week in Iowa, are still roiling some Democratic partisans. Others, meanwhile, are taking important actions to make our elections more secure, as we report on a citizen action that led to small, if positive change in Los Angeles in advance of the critical March 3rd Super Tuesday primary. [Audio link to show is posted below.]

The only thing that appears reasonably certain regarding last week's Iowa mess at this hour is that Bernie Sanders received more votes than any other candidates and that Pete Buttigieg appears to have come in second, while perhaps winning an infinitesimally larger portion of "State Delegate Equivalents", thanks to the absurdly complex Iowa Caucus math and a number of seemingly random errors in that math on enough precinct worksheets that Associated Press is still refusing to call the race one way or another.

As discussed on today's program, those math worksheets were signed off on as accurate, not only by every Precinct Leader and Secretary at each caucus cite, but also by the campaign captains of each candidate at every caucus site. Nonetheless, with math errors discovered on those sheets at a small number of precincts (thankfully due to the transparency of the otherwise complex caucus processes in Iowa as demanded by Sanders after the 2016 caucuses) and the state Democratic Party attorney's claim that correcting the math worksheets would amount to election tampering under state law, the Sanders campaign is requesting a "partial recanvass" of results from about 20 or 30 of the state's more than 1,700 caucuses.

While the ultimate delegate count out of Iowa is unlikely to change very much --- Sanders and Buttigieg are largely tied on that score --- a number of his supporters are charging the contest was rigged or stolen from him by the DNC and/or Iowa Democratic Party (and/or, apparently, the Buttigieg Campaign. Based on the currently available evidence, I disagree with that charge and explain why on today's program.

Despite the increasing animosity between some supporters of the candidates, pretty much all of the Democrats still in the hunt for the nomination spent portions of Friday's debate at Saint Anselm College in Manchester, and subsequent media appearances and rallies thereafter, calling for unity among the party faithful, in order to defeat Donald Trump this November. Whether their supporters heard those pleas or not is another matter, but we make an effort to help them hear that message just a bit better on today's program.

We also take some time to share a few news headlines from the past couple of days underscoring again what a dangerous and unprecedentedly dishonest menace this American President represents to both the nation and the world. Among those news headlines today...

  • The African-American fourth-grader who Trump awarded with a scholarship at his State of the Union Address last week, as it turns out, already attends one of Philadelphia's most prestigious charter schools and needs no scholarship. The privately-run public school is already paid for with tax dollars. Yes, Trump's stunt was another scam;
  • The deadly and injurious fallout from Trump's unlawful assassination of Iranian General Qassem Soleimani at the beginning of the year, on the heels of his impeachment, continues today. More than 100 U.S. service members, according to a new report from CNN today, have now been diagnosed with traumatic brain injuries following the missile attack response by Iran on a military base in Iraq housing U.S. troops. After the Iranian response, Trump claimed all was well, and that no service members were killed or injured. That turns out to have been another lie. Last month, after the first reports of traumatic brain injury to troops was reported, Trump dismissed them as "headaches". The head of the influential Veterans of Foreign Wars is now demanding an apology from the President;
  • And, in one more reminder today about what a dangerous menace this President is and his reelection would be to the nation and its people, Trump released his $4.8 trillion budget proposal on Monday. It includes calls for deep cuts to student loan assistance, affordable housing, food stamps, health care (Medicaid and the Affordable Care Act), education and the environment. With those calls for slashing the federal public safety net, Trump is also proposing increased spending on the military, his border wall, his "Space Force" program, and an extension to his tax cuts which mostly benefited corporations and wealthy Americans.

Finally today, we have an interesting story about a Sanders supporter out here in Los Angeles who discovered a dangerously light and apparently totally unguarded table-top drop-off for Vote-by-Mail ballots at a UCLA facility over the weekend. According to the campaign volunteer, It was "light as a feather...not bolted down...right by the door [and] weighs about 5 pounds and could easily be taken."

After we contacted the L.A. County Registrar-Recorder/County Clerk Dean Logan with the report over the weekend, including a photograph of the unattended drop-box [as seen in the graphic above], Logan told us this morning that the vulnerable table-top container at the facility has now been replaced with a permanent, 1,000 pound collection box. We share the telling (and just a bit snarky) email exchange between he and me that led to the upgrade in advance of California's March 3rd Super Tuesday primary. That good news comes thanks to PUBLIC OVERSIGHT of our public election processes by a concerned voter! We could use a helluva lot more of that!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former operative Allen Raymond suggests plot to tie up Iowa Dem results hotline may involve more than just online 'Trump trolls'
Also: Sanders wins Iowa (but so does Buttigieg) as NH Primary looms; Record heat melts Antarctica; Vindictive Trump fires impeachment witnesses...
By Brad Friedman on 2/7/2020 6:26pm PT  

On today's BradCast: With media reports on Thursday that online "Trump trolls" were making hundreds of calls to tie up the Iowa Democratic Party's results hotline after Monday's Caucuses in order to hold up results and embarrass Democrats, we're joined for an exclusive interview today with stakiomeone who knows a thing or two about such plots. [Audio link to show is posted below.]

In 2002, ALLEN RAYMOND, a then decade-long Republican operative and owner of a GOP phone-bank company, was hired to lead a scheme to tie up the Democratic Get Out the Vote phone lines during that year's very tight New Hampshire U.S. Senate race between Republican John Sununu and the state's then-Governor, Democrat Jeanne Shaheen. The now-infamous scandal, which included thousands of automated phone calls to prevent Dems from carrying out their GOTV phone-banking effort, ended with a narrow win by Sununu that year. But the scheme was uncovered and four GOP operatives, were eventually convicted of, or pleaded guilty to, taking part in the RNC-funded effort. Raymond was one of them. He pleaded guilty and ended up serving 3 months in federal prison. In 2008, the contrite former operative published a book about that exploit and others during his time as a senior consultant to the Party called How to Rig an Election: Confessions of a Republican Operative.

Raymond joins us today to discuss the 2002 plot in NH, how it came about, and what was behind it, as well as to offer his thoughts about what we should know regarding whatever may have happened to the Democratic Party's hotline on Monday night in Iowa. He is skeptical about whether a few "trolls" on a popular rightwing Internet message board could effectively tie up enough lines to create the kind of chaos that ensued in Iowa, suggesting that its possible the scheme may be larger than currently reported.

"That takes a fairly sustained, collaborated, concerted effort," he explains. "So the question it raises in my mind is, can that happen organically?" Without making any allegations, he is calling for an immediate law enforcement investigation which he says should be able to quickly uncover the source of the phone harassment, the same felony for which he pleaded guilty to years ago in the RNC's NH scheme. "It raises enough suspicion of a coordinated effort that it's worth looking at."

It wouldn't be the first time in even recent months that an emboldened RNC has carried out a similar phone scheme against Democrats. As the New York Times reported last November, Republicans attempted to swamp Congressional Democratic phone lines with thousands of automated calls during the early stages of Donald Trump's impeachment inquiry.

Raymond also shares his thoughts on what has become of the Republican Party in recent years since he was thrown under the bus when the NH plot was uncovered (he is now a registered Democrat); how he and other political operatives justify such dirty tricks and/or illegalities when taking these kind of unsavory and/or unlawful actions in order to win elections; and what American voters should be concerned about as the 2020 election progresses under a Republican Party headed by a vengeful, recently-impeached President.

"This phone disruption effort occurring in the very first contest of the presidential nominating process leading up to November's general election, should be reason enough" to be concerned, he tells me. "If it's happening on the first one, and nothing's done, we're sending a signal that this is the new norm, it's okay, that you will not be punished or prosecuted for this kind of conduct. That's why, at minimum, an aggressive investigation should occur to determine what exactly happened, for the purposes of protecting against the same conduct in the future. Because by not prosecuting, by not investigating, the signal is being sent: 'Hey, we all agree that that stinks but that's okay, go ahead and do it because law enforcement is not going to come knocking on your door.'"

"A republic's center of gravity is its electoral process," Raymond warns. "And if our electoral process is compromised --- whether it be from domestic actors or foreign actors --- that's reason enough to do whatever you can to protect it."

Please tune in for this full, fascinating conversation with someone who has quite a bit of insight on many aspects of all of these matters.

Also on today's show: With the New Hampshire primary days away, AP announces that the chaotic results of Monday in Iowa will prevent them from calling a winner in the Democratic Caucuses, but that doesn't stop us from doing so; Antarctica hits an all-time record 65 degrees, underscoring, yet again, the need to replace a President who is a menace not only to the country's future, but to the entire planet's; Trump fires patriotic Iraq War vet and National Security Counsel Ukraine expert Lt. Col. Alex Vindman and his million-dollar donor EU Ambassador Gordon Sondland for testifying truthfully during the U.S. House Impeachment inquiry; and Steven Colbert has a few thoughts about Sen. Mitt Romney (R-UT)'s courage and unprecedented vote against Trump in this past week's Senate Impeachment trial...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: CBS-LA runs investigative report (featuring Brad) on L.A.'s new unverifiable touchscreen voting system; And a word or two about Romney's courage and Trump's ugly everlasting shame...
By Brad Friedman on 2/6/2020 6:35pm PT  

On today's BradCast: We dispatch with the dark, ugly post-impeachment bitterness of our completely unfit and totally guilty President as quickly as possible at the top of today's show, along with a word or two about Mitt Romney's commendable, historic courage. Then it's on to looking forward to how Americans must remove this dangerous man from office, even as we all must surmount seemingly impossible odds with our nation's terrible, dangerous, nontransparent voting systems in 2020. [Audio link to show follows below.]

On that score, first up, CBS-2 in Los Angeles ran an investigative report this week, featuring yours truly, on the County's new, unverifiable, $300,000,000 touchscreen voting system. We share the report from CBS-LA's David Goldstein in full, along with some additional thoughts, including the eerie similarities between comments in the CBS report from L.A. County's Registrar Dean Logan, who developed the new VSAP ("Voting Solutions for All People") system, on his strong confidence in the first-time use of this new system before the March 3rd Super Tuesday primary, and those from an interview with the Iowa Democratic Party Chair Tom Price on the night before the Iowa Caucuses about his own confidence in the party's new, secretly-developed smartphone app that failed so disastrously the next day.

Then, speaking of Iowa, several reports on Thursday confirm that there was an apparent effort by Trump supporting trolls to jam the phone lines used as the backup for precinct officials to phone in caucus results when the IDP's smartphone app had failed. That element of the story is eerily similar to the 2002 GOP phone-jamming scandal during a U.S. Senate election in New Hampshire that year. Four Republican operatives hired by the party were convicted in a criminal scheme and the party had to pay NH Dems $125,000 in damages afterward. How does that tie to what happened in Iowa? We hope to report more on that on tomorrow's BradCast. But for now, we hope it serves as a reminder that Russia is not the only threat to the integrity of U.S. elections. Not by a long shot.

Today we've got more new, and still-partial (97%), results out of Iowa, showing Pete Buttigieg and Bernie Sanders in a virtual tie, with Buttigieg barely leading in state delegates at the moment (3 out of several thousand divvied up between candidates) and Sanders winning in the raw vote counts in both the first and final rounds of voting on Caucus night. Controversy around the reported numbers, as chaotic and error-ridden as it has been, is actually a good thing, as we explain, given that publicly-witnessed, precinct-based counts (with hand-marked paper ballots to boot) are available from all 1,765 caucus sites. That means, when incorrect numbers have been posted to date, the public has been able to scrutinize and force corrections to those numbers, as has been the case in several instances across the state.

It should also be noted that, despite claims from supporters of some candidates, there is no evidence so far to suggest that any of the errors in reporting were meant to help or harm any particular candidate. As the NYTimes reports tonight, "Some of these inconsistencies may prove to be innocuous, and they do not indicate an intentional effort to compromise or rig the result. There is no apparent bias in favor of the leaders Pete Buttigieg or Bernie Sanders, meaning the overall effect on the winner’s margin may be small."

We go over some of those claims as well today. While some are viewing all of this as chaos and failure, we see it as a victory for PUBLIC OVERSIGHT OF ELECTION RESULTS. Public oversight is generally missing in jurisdictions where computers tally votes (which is to say, in all 50 states) leaving the public often entirely unable to verify results of their own elections. Similar errors occur in virtually every election, but due to the nature of secret counting in most locations, the public rarely learns about or notices them and erroneous results are rarely corrected. That, of course, was what we shamefully saw (or, rather, didn't) in Michigan, Wisconsin and Pennsylvania after the stunning reported end to the 2016 Presidential election.

Now, ironically enough, a furious National Democratic Pary chair is demanding a recanvass of results in Iowa. But where were those same Dems after 2016 when they decided to not challenge or scrutinize any of the dubious numbers from the most surprising Presidential election results in U.S. history?

Finally, we close with Desi Doyen and our latest Green News Report, with more debunkery of Trump's lies about energy at this week's SOTU, some bad news about January's record heat, and some very good news about the scheduled ban on gasoline-powered cars in Great Britain!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

WATCH...

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

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Guests: Heather Digby Parton and Tom Sullivan of Digby's Hullabaloo...
By Brad Friedman on 2/5/2020 5:53pm PT  

It's special coverage of three different historic events --- all at once, somehow --- on today's BradCast. It wasn't easy, but it was a very lively show in dark times nonetheless! [Audio link to show is posted below.]

We're joined today by old friends who, unlike the corporate media pundits and professional political operatives and academic geniuses, have been right over and over and over, for years, about pretty much everything. For some reason today, that is very comforting. HEATHER DIGBY PARTON and TOM SULLIVAN, both of whom can be found each day writing at Digby's Hullabaloo, work through all of today's nightmares with us. Parton, an award-winning opinion journalist can also be found as a regular contributor to Salon. Sullivan, a North Carolina writer and resident is also a grassroots organizer in the state, whose "For the Win" training guide for countywide Get Out the Vote operations should be required reading for every so-called "professional" Democratic party strategist in the nation.

First up on today program, it's the ugly, bitter State of the Union address, filled with demostrable lies and cheap, offensive TV game show stunts, as delivered by Donald Trump on Tuesday night, and literally shredded thereafter by House Speaker Nancy Pelosi.

Next, it's the shameful historic acquittal by cowed Republicans in the U.S. Senate, just before airtime on Wednesday, of the proven-guilty President on both of his Articles of Impeachment, and some Senators from both side of the aisle who deserve notice for their votes.

Finally, it's the continuing fallout from the disastrous use of untested, secretly-developed, non-transparent technology --- despite warnings from experts (and, yes, us) --- in Iowa's Democratic Caucuses on Monday, where we still only have partial results reported by the Iowa Democratic Party as of today. We discuss that disaster and who may be the winners and losers from Monday's contest, along with all of the other disasters and what they should mean for the candidates, the 2020 nominating cycle and the critical, last chance general election now on America's horizon...

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And who could have warned about such things in ADVANCE?! Also, The Nation's John Nichols joins us, just back from the IA Caucus meltdown...
By Brad Friedman on 2/4/2020 5:44pm PT  

On Monday night, the Democratic Iowa Caucuses melted down. Actually, they didn't melt down. They worked as well as expected. It was the reporting of the results from the caucuses that melted down, almost entirely due to a smartphone app that either didn't work as planned --- or because untrained precinct captains had trouble using it for its intended purpose: to send local, transparent, fully publicly overseen caucus site results to the the Iowa Democratic Party headquarters for release to the media. Of course, as we have warned for more than 15 years, it is always a terrible idea to use new, untested, secretly-developed, nontransparent, unnecessary computer technology for mission critical, cannot-fail elections.

On today's BradCast [Audio link posted below], we explain both the Iowa caucus process (which, itself, is actually among the most transparent --- if most complex --- of all the Presidential nominating contests); the known history of this app that failed so spectacularly after warnings by cybersecurity professionals (and by us on this program previously) against its use were ignored; how the app was supposed to work; and the problems from the 2016 caucuses (and even 2012 Republican Caucus in Iowa) that it was meant to solve.

(Relatedly, we also share a :30 second preview clip, featuring me, from CBS-2 Los Angeles, for an investigative report on Los Angeles County's new, untested, 100% unverifiable, $300,000,000 touchscreen voting systems that are being deployed for the March 3rd Super Tuesday primary election here for the first time in the nation's most populous county, despite warnings from cybersecurity and, yes, us. That story, and the warnings I offer in the preview --- and, hopefully, in the full story set to air on CBS-LA this evening --- have suddenly become even more wildly relevant over the past 12 hours or so than they were previously.)

If you take nothing else from all of this, please let it be that even if tech like this works perfectly (it never does), if the public cannot know that it did, confidence in democracy itself is deeply endangered. Though we've been issuing that warning for years, it is more true today than ever, especially after years of tossing additional computer "solutions" at our elections, no matter how dangerous it will be once again in 2020. As one longtime Election Integrity advocate emailed me today, somewhat sarcastically: "Who would have ever thought that using computers for election administration could cause problems? Aren't they supposed to make processes go more easily, more smoothly, faster, more accurate? What a stunner that everything descended into chaos when Iowa Democrats changed from their manual counting/reporting methods to move into the 21st century with computers!"

Before we get to our guest today then, with whom we also discuss all of this, perhaps I can summarize the lessons learned for the moment from Iowa as...A) the madness of using untested, secretly-developed, nontransparent new tech in mission critical elections; B) the importance of publicly overseen results tabulated by humans at the polling place (which Iowa has, despite the app meltdown, so the correct results will EVENTUALLY be known!) and; C) the absurdly complex procedures of the Iowa Caucus itself (on the Dem side --- the GOP side is far simpler) is a nice example of the complications and dangers in store for those who persist in calling for a Ranked Choice Voting (RCV) system. Given the complicated way the Iowa Democratic caucuses work (realignment of votes through several rounds of voting/counting after some candidates do not meet the viability threshold, etc.), it is very similar to RCV or Instant Runnoff Voting (IRV).

If you think the raw numbers, once they fully come out from Iowa, are impossible to understand and add up, just wait until RCV takes hold. As I almost always note on this topic: If you think we have enough trouble as is, transparently adding 1 + 1 + 1 in our elections in a way that can be publicly overseen and understood, just wait until we add the complicated, computer- and central-tabulation required algebra of Ranked Choice Voting to the matter!

Halfway through today's show, the Iowa Democratic Party finally released results from Monday night....well, just 62% of them, incredibly enough. They show Pete Buttigieg and Bernie Sanders in a virtual tie, followed by Elizabeth Warren and then Joe Biden, with Amy Klobuchar not too far behind. But, again, those are only partial numbers, so we don't need to spend too much time on them for now.

We're joined today by the great JOHN NICHOLS of The Nation, just back from Iowa, for an explanation --- and a rant or two --- about all of the above and whether Democratic supporters of several different candidates should be furious...or just breathe...as all of this is ultimately sorted out. There is a lot to discuss with John, who explains why he believes "caucuses suck" and the "scorching, huge damage" this all will have done to the Democratic Party and democracy itself. We agree on some points and disagree on others. But there is just far too much to detail here. So I suggest you just buckle up and tune in today!

Finally, Desi Doyen joins us to let it go, with our latest Green News Report...

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Iowa Caucus app meltdown makes this even more relevant than before!...
By Brad Friedman on 2/4/2020 11:56am PT  

Well, this should be fun. Particularly after what happened in Iowa last night.

Here's a :30 second preview for tonight's investigative report on CBS-2 Los Angeles, by journalist David Goldstein. You may recognize the first guy that speaks (me). The guy at the end is L.A. County Registrar Recorder County Clerk Dean Logan.

Given what happened last night in Iowa, where they used a never-before-used smartphone app to transmit results to Party HQ, I'm hoping folks like Logan are having second thoughts about using untested, never-before-used, secretly-developed tech for a no-room-for-failure, mission critical election. It sorta puts my "none!", as seen in this clip, in a fresh light, I'd say. At least it should.

WATCH:

Goldstein tells me the full report will air tonight (2/4/2020) on CBS-2 in L.A. during the 11pm News. I'll try to post an update here with the full video report after it's published online.

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UPDATE: Video of full report is now posted here.

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P.S. This week we are celebrating 16 years of the 100% reader/listener supported BRAD BLOG (and BradCast and Green News Report, etc!) But, given all that's gone on over this past week or two, I haven't even been able to post about it until now! If you're able, PLEASE consider donating to support our continuing efforts over the past 16 years, so that we can keep sounding these necessary alarms at least through one more critical election this year! Thank you!!!


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Now that Repubs have rigged Impeachment, the 2020 election stands as America's last defense against full-on authoritarianism...
By Brad Friedman on 2/3/2020 6:03pm PT  

On today's BradCast: Following Friday's shameful vote in the U.S. Senate, where just two Republican Senators were able to muster up the courage to vote against completely blocking all witnesses and documents in the Impeachment Trial of Donald John Trump, we now have just one firewall left against our slide into full authoritarianism: This November's election. [Audio link to show follows below.]

If a President can't be indicted, as the Dept. of Justice falsely claims, and a Republican Senate is more than happy to blatantly rig an impeachment "trial" against a Republican President, the only American firewall left against the collapse of representative democracy as we've known it in this nation is your vote --- and those of every eligible citizen you know --- cast this year and counted as intended. That, as we have warned for many years, is now more difficult than ever in many jurisdictions. Nonetheless, that fight begins tonight in Iowa. (We'll have full coverage of Iowa results on Tuesday's BradCast.)

On today's program, related to all of the above, and before we open up the phones to callers on all of it...

  • We are "flying blind" as we head into the Iowa Caucuses after the weekend cancellation of the final "gold standard" Des Moines Register poll, due to a procedural error. Though Bernie Sanders, according to other last-minute polling, is believed to be the front-runner on the Democratic side as caucusing begins. That said, the Iowa Caucuses are complicated and notoriously difficult to predict, for some of the reasons we explain on today's program;
  • Millions of Vote-by-Mail ballots are, as of today, according to a media statement from the California Sec. of State, now on their way to Golden State voters for the March 3rd Super Tuesday primary, when more than a dozen states will be voting in their 2020 primaries all at once. We, again today, endeavor to explain the complicated procedures that are (sadly) necessary in the Golden State to make sure you are able to vote in the party primary of your choosing, as well as the steps you need to take to make sure you do so on a hand-marked paper ballot in order to maximize the odds of your vote actually being counted as cast.

    To avoid having to cast a 100% unverifiable touchscreen vote if you live in Los Angeles County (where that will be forced upon you at our new "voting centers") or anywhere else where touchscreens are your only choice at the polling place, PLEASE contact your County and ask for a hand-marked paper Vote-by-Mail ballot. Then, PLEASE deliver it IN PERSON to your polling place or County headquarters on Election Day or as close to it as possible. (Check your local jurisdiction to make certain they will accept hand-delivered vote-by-mail ballots!) To check your voter status --- how and if you are registered, and whether you are signed up for Vote-by-Mail --- please see the CA Sec. of State website's Voter Status page here. To request a Vote-by-Mail ballot in L.A. or request a specific party's primary ballot, go to LAVote.net;

  • Everyone must be on board and educated about all of this, this year. With the stakes we are now facing, there is ZERO room for error. Please share good information far and wide, and help your friends and neighbors to register, to vote, and to help spread the word to others about how to do the same thing;
  • Yet another reason for voting on hand-marked paper: I am terrified, for good reason, about the possibility of a ransomware attack that could prevent voters in jurisdictions that now (foolishly and dangerously) rely on computers at the polls for voters to be able to vote at all. One of the latest such attacks/reminders is currently crippling services in Tillamook County, Oregon, where all County computer servers were shut down as of last week due to such an attack. Tillamook is just the latest of dozens of jurisdictions --- states, counties, large and small metropolitan areas --- to be hit by ransomware attacks over the past year. If one occurs on or before Election Day in a county (like L.A.) that now relies on computer pollbooks and voting systems, we will have a disaster on our hands in the upcoming elections;
  • Of course, such a disaster is exactly what Donald Trump is hoping for, given his unpopularity and his repeated attempts to rig both the 2016 and now 2020 elections in his favor through any means necessary. He is now being aided in that effort not only by Republicans in the Senate, but by the Dept. of Justice itself, which is unlawfully withholding documents that prove, yet again, that Trump directed Administration officials to freeze hundreds of millions of dollars in military assistance to Ukraine in a pressure campaign to force them to help him cheat in the 2020 election;
  • All of this, as investigative journalist Kurt Eichenwald warned in a chilling Twitter thread on Friday after the vote to block all witnesses and documents in Trump's Impeachment Trial, is why "we are in an extremely terrifying moment in American history." Eichenwald cautions that, because Presidential "emergency powers" have never been defined ("because no one ever imagined a situation like this"), Trump could even attempt to cancel this year's election if he wanted and, like Hitler, could even imprison political opponents such as Joe Biden or Bernie Sanders "if he further advances his argument that he [has] absolute unquestionable control of government."

Far fetched? Please tune in to today's show and then let us know, as callers did in the second half of today's program...

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Guest: Roosevelt University political scientist David Faris...
By Brad Friedman on 1/31/2020 6:00pm PT  

While it seemed impossible previously, Republicans in the U.S. Senate appear to have outdone their phony confirmation proceedings for Supreme Court Justice Brett Kavanaugh in late 2018, with their sham Impeachment "trial" of Donald John Trump. As we went to air for today's BradCast, the Senate was preparing to vote on whether witnesses would be blocked from a Senate Impeachment Trial for the first time in U.S. History. By the time we got off air, the shameful, dirty deed was done. [Audio link to full show is posted at end of article.]

The day of the fateful vote began with yet another explosive piece of breaking news from the New York Times, reporting that Trump's former National Security Advisor John Bolton's forthcoming book charges that "More than two months before he asked Ukraine’s president to investigate his political opponents" Trump directed Bolton "to help with his pressure campaign to extract damaging information on Democrats from Ukrainian officials, according to an unpublished manuscript by Mr. Bolton." Moreover, the paper reports, Bolton describes an Oval Office conversation on the matter in early May of 2019 "that included the acting White House chief of staff, Mick Mulvaney, the president’s personal lawyer Rudolph W. Giuliani and the White House counsel, Pat A. Cipollone, who is now leading the president’s impeachment defense."

Yes, that's right. The Trump attorney now leading his defense in the Senate trial, who has accused Democratic House Managers of "hiding the facts" in their arguments in favor of two Articles of Impeachment against Trump, is now allegedly a co-conspirator in the very plot that resulted in only the third impeachment of a U.S. President in history. Little wonder they'd prefer to have no witnesses testify.

Bolton has stated he would be willing to testify in the trial, as has Lev Parnas, a right-hand man to Rudy Giuliani, Trump's personal lawyer at the center of the scheme to pressure Ukraine to announce investigations of Joe Biden before Trump would agree to a White House meeting or release $391 million in military assistance to war torn Ukraine. On Friday morning, Parnas' attorney submitted a letter to Majority Leader Mitch McConnell, explaining his client's willingness to testify at the trial with relevant information that alleges Trump, Mulvaney, Vice President Mike Pence, Attorney General William Barr, Energy Secretary Rick Perry, Senator Lindsey Graham, Congressman Devon Nunes and many others worked on Trump's plot to force Ukraine to help him undermine the 2020 Presidential election. So, yes, as Gordon Sondland said weeks ago, "everyone was in the loop. So, yeah, no witnesses please and thanks.

Despite all of that astonishing news --- and all that has come before it --- by the end of today's program, Republicans in the U.S. Senate, by a vote of 51 to 49, would vote to block subpoenas for all witnesses and documents in the Impeachment Trial, for the first time in U.S. history. Only two Republican Senators, Susan Collins of Maine and Mitt Romney of Utah, were willing to cross the aisle to vote with all 47 Democrats to call for witnesses. We discuss the pathetic excuses offered by supposedly "moderate" GOP Senators Lisa Murkowski of Alaska and the retiring Lamar Alexander of Tennessee for voting against witnesses. That vote now paves the way for an acquittal vote for the President. One of the few remaining questions by show's end was when that vote may come. As of this hour, it may now happen next Wednesday, the day after the President's State of the Union Address on Tuesday night --- but we'll see.

Another major question of note is what price, if any, Republicans may ultimately pay for what Senate Minority Leader Chuck Schumer described after the vote as the GOP's act of "perfidy...where the Senate did not live up to its responsibilities, turned away from truth, and went along with a sham trial." With "no witnesses and no documents", he described the proceedings as "not a real trial" and "a tragedy on a grand scale."

We're joined today by DAVID FARIS, Associate Professor of Political Science at Roosevelt University, author of It's Time to Fight Dirty, to discuss today's historic events, and his two most recent columns at The Week, where he is a regular contributor. In one, he finds fault with the House Democrats' strategy of sending over the Articles to the Senate too quickly and, in the other, with McConnell's strategy of blocking witnesses. Faris describes the latter as a "rare blunder" for the Republican leader and explains why. I disagree with him on the latter, as he and I discuss what all of this may now mean for Republicans, for Democrats, for the President and for the voters who will kick off the 2020 Presidential Election in Iowa this coming Monday.

"I don't know that there's anybody who could look at the Senate this week and say that a fair trial happened here," Faris tells me. "What McConnell did was he handed Democrats a bat to beat them with for the next eleven months about the legitimacy of the trial in the Senate."

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Guest: Former FEC Chair Ann Ravel on 'insane' legal and campaign finance assertions by Dershowitz, Philbin in Senate Impeachment trial...
By Brad Friedman on 1/30/2020 5:28pm PT  

Day two --- the final day --- of the Questions phase in the Senate Impeachment Trial of Donald John Trump was perhaps best characterized by lead House Manager Adam Schiff on Thursday, when he described the new defenses offered by the White House Counsel's team as "a descent into Constitutional madness" and "the normalization of lawlessness." Those comments were echoed by the former chair of the Federal Election Commission, who joins us on today's BradCast. She called Trump's new line of defense as "insane". [Audio link to show is posted at bottom of article.]

On Wednesday, the first day of written Questions from the U.S. Senators, as read to both legal teams by the Chief Justice of the Supreme Court, Trump's defense attorney Alan Dershowitz made an extraordinary argument: "If a President does something which he believes will help him get elected, in the public interest, that cannot be the kind of quid pro quo that results in impeachment." He went on to offer an analogy. "If a hypothetical President of the United States said to a hypothetical leader of a foreign country, 'unless you build a hotel with my name on it, and unless you give me a million dollar kickback, I will withhold the funds'." That, he said, would be an "easy case" and "purely corrupt". However, he continued, a more complex case was one where a President says: "I want to be elected. I think I'm a great President. I think I'm the greatest President there ever was and if I'm not elected the national interest will suffer greatly. That cannot be an impeachable offense."

In other words, he seemed to argue, it's just fine for a President to solicit a foreign power for help in an election (which is a violation of the law), so long as he or she believed it was in the best national interest for him or her to be elected. Dershowitz has spent a lot of time since those remarks, on Twitter and elsewhere, attempting to defend himself by saying that he did not say what he said. But he absolutely did say it, and so we share audio of some of his extended argument saying as much today, so you can hear it for yourself.

It wasn't the only way in which Trump's team of defense counselors moved the goal posts to accommodate his well-documented Abuse of Power, the basis for the first Article of Impeachment against him. Deputy White House Counsel Patrick Philbin on Wednesday astonishingly charged that "mere information" about a political opponent, even from a foreign source, "is not something that would violate the campaign finance laws."

“Apparently it’s okay for the President to get information from foreign governments in an election," House Impeachment Manager Zoe Lofgren responded with alarm. The California Democrat who worked on the Judiciary Committee during the Nixon Impeachment added, "That's news to me!" The new lines of argument from the President's team is what led Schiff to charge Trump's defense has become "a descent into Constitutional madness," adding "that way madness lies," before citing a similar, then-rejected defense from Richard Nixon who claimed "when a President does it, it's not illegal," before he eventually resigned the Presidency in disgrace. "Have we learned nothing in the last half century?," asked Schiff in response to Dershowitz today.

We share all of those assertions and counter-assertions today, before we turn to someone with no small amount of authority on all of this, ANN RAVEL, who served four years on the Federal Election Commission and as its Chair for two years before leaving her post in 2017. Prior to that, she chaired a similar state commission overseeing campaign finance matters in California.

"There are so many things wrong with [Dershowitz'] argument it's hard to know where to start," she tells me, charging that the claim that a quid pro quo is "somehow justified because it's important for the nation is ridiculous. It would be like saying, for any elected public official, that because it's so important for them to be re-elected that they can commit any criminal act. That's not what the framers of the Constitution intended with regard to the Presidency, and it's exactly why they have the laws relating to impeachment procedures."

"The law does not have an exception for people who think they are so important, that their worth is necessary for the whole country and therefore they can act with illegality and with impunity," she opines, before similarly torching Philbin's argument that there is nothing unlawful about soliciting a thing of value from a foreign power --- an express violation of campaign finance law.

Ravel, who is currently running for office herself in the California State Senate, laments the fact that "there is no FEC in existence now" with only three members currently seated on the six-person panel, and at least four required for a quorum to vote on enforcement of federal law. Similarly, she warns that Trump's Attorney General Bill Barr, responsible for overseeing criminal violations of campaign finance regulations, "is not acting as an Attorney General who would act with integrity to enforce the laws fairly and evenly. Instead, he seems to be biased in favor of assuring that he supports this President, so he remains in office I presume. As a result, we do not have any enforcement whatsoever of campaign finance laws."

Ravel offers alarming insight and a grim assessment as voting in the critical 2020 Presidential election begins just days from now in Iowa. "This is like sending a flare up indicating it's open season for illegality in our electoral process," she warns, along with many other thoughts, including on what she has come to learn about elections now that she is on the other side of the issue as a candidate herself. Running for office, Ravel tells me, has led her to be believe that "more constraints" are needed on electoral campaign finance, not less. She would like to see publicly financed elections in the future.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a few encouraging signs (though not nearly enough) on how some institutions are attempting to step up and deal with our worsening climate crisis, both in the U.S. and around the globe...

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Guest: Constitutional attorney and impeachment expert John Bonifaz...
By Brad Friedman on 1/29/2020 6:14pm PT  

On today's BradCast: It was Day One of sixteen scheduled hours of Questions and Answers in the Senate Impeachment Trial of Donald John Trump on Wednesday. And it was absolutely fascinating. [Audio link to today's show is posted at end of summary below.]

Senators from both parties submitted written questions to be read aloud by Chief Justice of the Supreme Court John Roberts, who is presiding over the third such trial in U.S. history, and answered by the two teams of attorneys, the Democratic House managers prosecuting the two Articles of Impeachment against Trump, and the White House Counsel defending him. The brief answers by both sides supported their presentations made previously, and sometimes added additional claims. One example was when criminal defense attorney Alan Dershowitz, representing the President, claimed that Trump's pressure scheme to withhold $391 million in military aid to Ukraine in exchange for announcements of investigations into his political rivals was perfectly allowable because if the President felt his reelection was in the nation's best interest, then he can't be impeached for the scheme. All of it, Republicans continued to argue, is nothing more than a "partisan policy difference" between Democrats and the White House.

On the Democratic side, House Managers detailed how the White House counsel had repeatedly claimed the impeachment is invalid because the House failed to seek subpoenas in court for some witnesses before bringing the Articles to the Senate, even while the White House is in Court right now in related cases arguing the exact opposite, that House subpoenas of Executive Branch officials are illegitimate because the House has no right to oversee the Executive Branch. As Lead House Manager Adam Schiff explained: "Yes, we're to try to divine the intent of the Framers, but we are not to leave our common sense at the door."

But the most crucial dispute at the moment, perhaps, is whether witnesses such as Trump's former National Security Advisor John Bolton should be subpoenaed to testify in the trial after the New York Times reported this weekend that his forthcoming book offers first-hand corroboration of the Ukraine scheme that the President's attorneys have denied. All of this, as reported on Wednesday morning, the White House sent a letter to Bolton's attorneys on January 23 attempting to block the March 17 publication of the book on "national security" grounds; as Trump unleashed a tirade against Bolton on Twitter on Wednesday; and as Senate Majority Leader Mitch McConnell reportedly conceded on Tuesday night that he does not yet have enough Republican votes to block witnesses at the trial.

We're joined for expert insight and analysis on all of this today by Constitutional attorney JOHN BONIFAZ, Co-Founder of FreeSpeechForPeople.org and author of several books on impeachment, including The Constitution Demands It: The Case for the Impeachment of Donald Trump. Bonifaz' organization has been referenced at various times during the Impeachment proceedings, as they had called for Trump's impeachment on the day he was sworn in, charging that he was in violation of the Constitution's Emoluments Clauses as of that moment.

Bonifaz, argues today that "If this President is not removed from office, the House should proceed to advance new Articles of Impeachment. There is no reason why this President should not be held accountable for his cruel and unconstitutional imprisonment of children and their families at the border, for his obstruction of justice, for his abuse of the pardon power, for his racist abuses of power, for his violations of the Emoluments Clause --- the list goes on, and the President ought to be held accountable for those high crimes, as well."

He also responds to several of the defense arguments offered by the White House's attorneys; offers his thoughts on whether Bolton and others (including the Bidens) should be called as witnesses; gives his impressions of the case brought to date by Democrats; calls out both Dershowitz and White House attorney Ken Starr (who led the impeachment investigation against Bill Clinton) for hypocrisy; and explains his own consistency in supporting Impeachment of George W. Bush, Donald Trump and, yes, Bill Clinton at the time, for Abuse of Power by each of those Presidents...

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Trump team wraps up, Bolton reverberates, GOP lacks votes to block him; Smartphone app at Iowa Caucus; Internet election underway in Seattle...
By Brad Friedman on 1/28/2020 6:54pm PT  

On today's BradCast: The President's defense team wrapped up their Opening (and, they hope, Closing) Argument in the Senate Impeachment Trial of Donald J. Trump on Tuesday, even as we are now less than one week away from the official start of the 2020 Election season with worries about the integrity of the Iowa Caucuses, set for Monday night, February 3rd, now looming. [Audio link to show follows below.]

We break away momentarily, for the first half of today's program, from our ongoing coverage of the Impeachment Trial to cover some issues of concern for some, regarding the Iowa Caucuses and an arguably more troubling development regarding an election that is now underway in Washington state. First to Iowa, where Bernie Sanders is now said to have taken a slight lead, according to most of the recent polling in the Hawkeye State, over his nearest competitors, Joe Biden, Pete Buttigieg and Elizabeth Warren. At the same time, a number of listeners have written to express concerns about a smartphone app developed by the state Democratic Party to help report results quickly to Party headquarters on Caucus night.

We discuss the way Democrats caucus in Iowa, what this app --- developed by the state Party in secret --- is supposedly designed to do to assist in the otherwise-open Democratic caucus process, and the worries that some have about the possibility of this new app being hacked to report inaccurate caucus results on Monday night. (Misreporting of Caucus night results has caused problems in the past, at least for Republicans.)

Of far greater concern, however, is an election underway right now in the Seattle area where more than a million voters are eligible to cast their vote via the Internet for the first time on either a computer or smart phone. The first-of-its-kind online election will fill a vacancy on the board of the obscure King Conservation District, responsible for managing natural resources in King County, Washington. The online voting is being carried out in partnership between the County's Board of Elections and a nonprofit named Tusk Philanthropies, headed up by a venture capitalist and Democratic political strategist by the name of Bradley Tusk.

The landmark pilot election comes despite a years-long, nearly-unanimous consensus from cybsersecurity experts (we've interviewed tons of them over the years on The BradCast) that the Internet is nowhere near secure enough for public elections. It also comes in the wake of last Summer's bipartisan U.S. Senate Intelligence Committee's report finding all 50 states were targeted by Russia during the 2016 election, and the panel's recommendation that "States should resist pushes for online voting".

While she has no oversight of this particular election, Washington's top election official, Secretary of State Kim Wyman, a Republican, opposes the King County effort and hopes to roll back the use of electronic ballots in the state, charging (correctly!) that the Internet is "too risky for voting". Nonetheless, Tusk, King County Elections Director Julie Wise, and a Seattle company named Democracy Live are barreling ahead with this disturbing experiment that is set to further poison the all-too-quickly disappearing idea of publicly overseeable elections in the U.S.

You have been warned. Again.

Then, its back to impeachment today, at the end of Tuesday's brief, two-hour wrap up of the President's case in the Senate. Trump's attorneys argued largely that the President did nothing wrong, and even if he did, it's not impeachable, because the dispute boils down to little more than a "policy disagreement" between Democrats and the White House. Impeachment over such matters, Trump's bombastic TV/radio lawyer Jay Sekulow and White House Counsel Pat Cipollone argued, sets a dangerous precedent by lowering the bar on future Presidential impeachments.

But the biggest looming question over the U.S. Senate at the moment is whether four or more Republican Senators will agree to call for witnesses when they vote again on the matter later in the week, following two days of written questions for the attorneys on both side. The issue that has turned the Republicans' previous plans for a quick acquittal on its head is the reported bombshell claims by Trump's former National Security Advisor John Bolton, in the manuscript of his still-unpublished new book, that Trump did exactly what he is being accused of in the first of the two Articles of Impeachment. That Article charges Abuse of Power by Trump for withholding nearly $400 million in military assistance to Ukraine in order to force them to help Trump in his reelection bid by announcing an investigation of Joe Biden and other Democrats.

Bolton's explosive disclosure, first reported on Sunday night by the New York Times, has reverberated ever since, with Trump's former Chief of Staff, General John Kelly, asserting on Monday night that he believes Bolton and agrees he should be called in as a witness for the trial against his old boss. The shake-up also comes as a new national poll out on Tuesday afternoon from Quinnipiac finds that registered voters by an astounding margin of 75 to 20 percent, agree that witnesses should be allowed to testify. The tally includes nearly half of Republicans and an astonishing 75 percent of Independent voters. According to the new survey, more than half of those polled believe Trump "is not telling the truth about his actions involving Ukraine"; should "provide more details" about it; has "abused his power" in the matter; has "obstructed Congress" in the bargain; and that the "withholding of U.S. aid to Ukraine was not justified". All of which has left Republicans reeling in a panic to find the votes needed to block witnesses in the trial. But they're still trying, and will likely have until Friday to pull it off.

Finally, Desi Doyen joins us for our latest Green News Report, filled with several ongoing plagues, catastrophes and warnings of nearly biblical proportion...

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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