On today's BradCast, (riddled with a few tech probs at the station, so apologies for any incoherence on my part!) we bring you up to date on some of the latest developments in the insane, dangerously non-transparent "audit" theater in Maricopa County (Phoenix), Arizona being carried out by the Trump-supporting Cyber Ninjas company. [Audio link to full show is posted below summary.

[ALSO: See important "SHOW NOTE" at end of this summary!]

Notably, a story we broke some weeks ago, after the Ninjas were forced by a state judge to publicly release what suffices as their procedural documents [PDF] for the "audit" (they had claimed their procedures for counting public ballots from the 2020 election were "trade secrets") was confirmed, at least in part, by an excellent article at Slate this weekend by Jeremy Stahl. In short, we had explained weeks ago how the Ninjas poorly documented procedures (see p. 178 in the PDF linked above) allows them to change a MINIMUM of 42,000 votes in their so-called "audit", without setting off any internal or external alarm bells. Stahl's lengthy, well-reported story on the Maricopa mess, headlined "What if the renegade Arizona audit declares Trump won?" details, among many other things, the same point, that the Cyber Ninjas' own procedures allow them to change far more votes than would be needed to falsely declare Trump actually won the state. Any such mistally is considered an acceptable rate of error in their own documented procedures --- even though Joe Biden was certified to have won the state by just over 10,000 votes.

Moreover, if and when they do declare that AZ was somehow stolen from Trump, there is little that can be done to dispute such a claim, since the secure chain of custody for the 2.1 million actual ballots cast in Maricopa last year has now been irrevocably broken. Only yet another hand-count could prove or disprove such a claim by the Ninjas, since --- unlike real audits --- they have not allowed the public to track or oversee their daily tallies. But, after the private, Florida-based company took custody of the County's ballots weeks ago, they could have added, removed or changed ballots at any time since.

All of that, meanwhile, as a real audit continues in Windham, NH, being run transparently by actual voting system, cybersecurity and post-election audit professionals who are allowing full public oversight. And as a judge in Georgia just granted permission for yet another post-election audit of copies of the 2020 ballots cast in Fulton County (Atlanta), Georgia's Presidential race last year.

Of course, all of these questions about the results of last year's elections --- whether offered in good or bad faith --- might have been avoided years ago had Democrats insisted on fully overseeable public elections, instead of allowing private voting machine companies to, by and large, take over America's election with computers that tally votes, essentially, in secret. We have been warning about this nightmare for years, and now it is coming home to roost.

As our guest today, San Francisco-based attorney, election integrity advocate and Twitter rockstar JENNIFER COHN pointed out in a recent smart Twitter thread, Republicans spent years blocking Democratic legislation, the SAFE Act, which would have at least mandated post-election audits for federal races in every state. Now, Republicans are claiming they are needed all over the country. But, oddly enough --- for reasons that Cohn has been unable to determine so far --- Dems have failed to reintroduce the SAFE Act in this session of Congress.

She speculates today that the legislation may now be seen by Democrats as feeding into the GOP's evidence-free claims of fraud in the 2020 election, not unlike how Dem fears of being labeled as "conspiracy theorists" over the years prevented them from challenging and demanding hand-counts after what her thread describes as "fifteen years of poll-defying victories" for Republicans.

"I don't want to imply that I think they are equally to blame," Cohn tells me. "But I do think that it's a failure of leadership. Because leadership isn't about just reacting always to what the other party does. It's about standing for something." She goes on to correctly note that Democrats "had an opportunity after 2016 to really be the champions of election security, and to even incorporate that into their campaign platforms, and they didn't do it." Doing so, "behind the scenes does not win the court of public opinion" and now that has "allowed Trump to hijack that narrative."

"It should have been the Democrats to take that to the people, to take that to the court of public opinion. Had they done that, Trump would not be in a position to play the victim. Had the public known about the SAFE Act, and that Republicans blocked it, they would not be in the position they were to pretend to be victims" today.

Cohn is a longtime, dyed-in-the-wool Dem. So she does not level such accusations lightly. We discuss those concerns and many other points regarding the various audits --- and several splits in the Election Integrity community about them --- before opening up the phone to listeners with thoughts and questions for her and/or me on all of the above today.

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SHOW NOTE!: We've just learned from my landlord that major construction --- tearing up a walkway to install a new security gate --- will begin on Tuesday and last anywhere from 7 to 14 days! That means jack-hammers outside of our studio will make it impossible for Desi and I to do shows for the rest of the week and maybe even next week. Our beloved guest host Nicole Sandler has agreed to fill in for us for the rest of the week...and then we'll see where we are after next Monday's holiday. It could be a week of re-runs, but I hope not! Just letting you know why we are forced to suddenly and unexpectedly disappear for at least the rest of the week! My apologies. Though, as usual, Nicole will do a swell job of covering for us in our unexpected absence! Thanks for your understanding! --- BF

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On today's BradCast: The three stories we cover at the top of today's show --- another long-range missile launch by North Korea, GOP tax cuts for the wealthy moving forward in Congress, and a Trump-appointed federal judge who just decided in favor of Trump (and seemingly, against the rule of law) in an unprecedented battle for leadership of a federal agency --- all underscore the importance of the rest of today's disturbing program. [Audio link to full show is posted below.]

An effort just before the Thanksgiving holiday by citizen volunteers at WisconsinElectionIntegrity.org (WIE) finds that inaccurate results were certified in Wisconsin's 2016 Presidential election, which Donald Trump is said to have won by just 22,000 votes over Hillary Clinton, out of some 3 million ballots cast.

Wisconsin was one of three states, along with Michigan and Pennsylvania, where Green Party candidate Jill Stein had filed for "recounts" and forensic audits of voting systems, after the Clinton Campaign declined to heed the pleas for such an audit by computer scientists and voting systems experts who begged her campaign to do so. Stein's post-election effort was largely stymied by Team Trump and various statutes in each of those states. A statewide tally was allowed to move forward in Wisconsin, however only about half of the state's ballots were hand-counted, as municipalities were allowed to carry out their choice of either manual- or machine-tallied "recounts".

After finding an alarming number of uncounted ballots in Racine County precincts during last year's machine "recount" (see documentary filmmaker Lulu Friesdat's alarming coverage of election officials refusing to hand-tally clearly valid votes there during Stein's attempted "recount") the volunteers at WIE filed, and paid for, a public records request to examine the hand-marked paper ballots in a number of those wards.

Recently, they were allowed to review those ballots and, as they feared, many perfectly valid votes had gone uncounted by the optical-scan systems both during the original Election Night tally and the so-called "recount" in counties that used the same faulty computer scanners for the second count, after they had similarly mistallied ballots on Election Night.

I'm joined on today's show by longtime election integrity advocate and WIE's statewide coordinator KAREN McKIM to discuss the group's findings, revealing that the ballot scanning computers used in some 57 municipalities across the state had failed to tally anywhere from 2% to 6% of the ballots with valid Presidential votes in each of the Racine precincts they were allowed to examine a week or so ago. In other WI cities which chose to count by hand during Stein's "recount", McKim tells me, those same scanners had originally missed anywhere from 9% to 30% of valid Presidential votes! All of that in a state which Donald Trump is said to have won last year by less than 1%.

"They were ignored by the voting system entirely," says McKim, "and that's what made the miscount - or should have made the miscount obvious to the election officials even before they certified. You could look at those election results that the voting machines spit out on their face and you could see that hundreds of votes were just missing. If you compared the total number of ballots cast to the total number of presidential votes counted, you should have known --- they should have known --- that two percent of the voters didn't go to the polls so that they could cast a blank ballot. The miscounts were obvious at the time of the canvas, and the county officials did nothing about it."

Nearly a year after the election, in late September of this year, the state Election Commission finally decertified the 20-year old Optech Eagle computer tabulators, after finding that the systems fail to tally votes at all if the "wrong" type of ink is used to make selections by the voter. The same systems are still used, according to Verified Voting, in other states, such as Indiana, Massachusetts and Virginia, and may be used again in Wisconsin next year, as the state decertification allows municipalities to wait until after the November 2018 mid-term elections to replace them.

McKim, however, tells me that those faulty machines don't necessarily explain "the really widely varying error rates from precinct to precinct. ... Why the city of Racine machines were missing more votes than the suburban machines? I don't know. You'd really have to do a forensic investigation to figure that out." But, of course, Stein was not allowed such an investigation in any of the states where she sought them.

If it weren't for Stein's attempted audit, she says, the problems may have gone completely ignored. "The poll workers noticed the missing votes when they closed the polls that night. They noted it on their inspector's reports. The municipal canvas looked at it, and I talked to the Municipal Clerk, and she said, 'I didn't know what we were supposed to do about this, so I certified it and sent it to the County Clerk.' And then the County Clerk looked at those results. She too --- and again, you could not ignore a miscount of that size --- and she just said, 'Well, it's the municipality's job to send me the accurate results. Whatever they send me, it's not my job to correct it.'"

"There is not a county in the state of Wisconsin where the county election officials check accuracy of the vote totals. They all just certify by looking at the computer tape and saying, 'Oh, look who won.'"

McKim, who is a retired quality-assurance manager, says "Every other manager that uses computers, from your grocery store to the bank to the city treasurers, they all know and accept that their computers are going to miscount from time to time. So they have routine procedures in place to check and correct before it's too late. Election administrators are the only computer-dependent managers we allow to get away with not checking the computer output for accuracy. It's insane."

"The county canvass procedures clearly allowed massive miscounts, obvious miscounts, just to go undetected and uncorrected. And that's unacceptable," she added, going on to detail what the group plans to do next, and how computer tabulation systems other than the Optech Eagle, "new or old", should never be trusted for use without citizen oversight.

We also discuss what such oversight should look like, if public Election Night hand-counts are possible in Wisconsin, how citizens elsewhere can carry out similar audits, and much more during today's show...

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Today on The BradCast: The U.S. electoral disasters continue, GOP takeover and theft, and what non-Rightwingers can do about it all. [Audio link to show posted below.]

House Republicans snuck in something else in their new U.S. House rules yesterday, beyond their aborted attempt to gut the independent Office of Congressional Ethics: a provision to make it easier to give away federal lands. Desi Doyen fills us in on the scheme.

Then, a few updates --- troubling ones --- on the attempted Wisconsin Presidential 'Recount', where at least 11,000 votes were revealed to have been mistallied (in a state that Donald Trump reportedly won by just 22,000 votes), only half the ballots were allowed to be counted by hand, the cost was about half of what Green Party nominee Jill Stein had been forced to pay, and the final turnout and voter registration numbers in the state are still unknown (ensuring the results still cannot be verified as accurate, even as Congress will accept the Electoral College results on Friday.)

Those are just a few of the reasons why WI is found near the bottom of the list of states in the Electoral Integrity Project's newest report. Most of the lowest-ranked states (14 of the bottom 15) are in the South and/or have both legislatures and governorships controlled by Republicans. The survey, a project of Harvard University and the University of Sydney, also determined the U.S., once again, to be near the bottom of the list of established democracies when it comes to how world political scientists and election experts rate our elections.

Finally, we open the phone lines today to ask listeners: What now? What can progressives, Democrats, the left, the center-left, the center --- basically, the non-Right --- do as Republicans take control of Congress, the White House and a stolen U.S. Supreme Court? Lots of thoughts, with lots of perspective from a lot of great callers...though the last caller of the show may offer our favorite plan of action...

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It's another very busy day today on The BradCast with terror attacks in Europe, the Electoral College vote in the U.S., and our continuing attempt to figure out if the votes in Election 2016 were actually tallied as per voter intent. [Audio link to show posted below.]

Despite thousands of protesters at state capitols around the nation today, there were only a few defectors (so-called "faithless electors") for both for Donald Trump and Hillary Clinton, as the Electoral College finally cast its votes today in 50 states and the District of Columbia. As of airtime, despite receiving a almost 3 million fewer votes than Clinton nationally, Trump had just received the requisite 270 votes, a majority of the Electoral College, needed to win the Presidency today. Presuming all state totals are certified by the U.S. Congress on January 6th (and I see no reason they wouldn't be), Trump will be sworn in as the 45th President of the United States on January 20th.

In the meantime, late last week, we learned that the U.S. Election Assistance Commission (EAC) --- the federal agency responsible for certifying the accuracy and security of electronic voting and tabulation systems used across the U.S. --- was, itself, recently hacked, with about 100 user names and passwords put up for sale on the black market. The well known vulnerability exploited was one that experts say could have been easily patched (it has now been) and would have allowed access to a database of vulnerabilities in the nation's voting and tabulation systems.

The Commission might have patched its own system earlier, but its Commissioners were very busy before the election and after, ensuring the nation (in an op-ed that was incorrect and misleading on innumerable levels) that "election officials have been working to secure our voting systems for years," so concerns about any such manipulation of results "are overstated".

Then, my guests today are Lulu Friesdat, filmmaker of the award-winning election integrity documentary Holler Back: [not] Voting in American Town (which I am in, but it is excellent anyway) and longtime election integrity advocate Emily Levy of RecountNow.org. Both are just back from attempting to help oversee the statewide Presidential election "recount" in Wisconsin, as requested (and paid for) by Green Party candidate Jill Stein.

Friesdat shares her short, disturbing new video released on Friday, revealing what appear to be machine mistallies noted by observers during the statewide "recount" of ballots by computer optical-scanners in Racine County, WI, and a stymied attempt by one observer there, Liz Whitlock, to get a hand-count of the paper ballots in question. Citing the 5% error rate by the machines that observers tallied in one small precinct in WI, Friesdat notes: "A similar error rate applied across all of Wisconsin’s 2,976,150 votes --- could produce an error of 140,000 votes. Trump won Wisconsin by 22,000 votes."

Levy explains a troubling report from the attempted Presidential "recount" in Nevada (yes, there was one there too!), as filed by independent candidate "Rocky" De La Fuente. There, in the state said to have been won by Hillary Clinton, Clark County Clerk Joe Gloria appears to have admitted to secretly "recounting" votes prior to the lawful, public count of votes cast on the county's absentee paper ballots and completely unverifiable touch-screen voting systems. (In the 2004 Presidential "recount" in Ohio, two election officials were convicted and sentenced to the max for doing something similar in that state.)

As both explain on today's program, the long list of failures in the "recount" cases (and they describe many more such failures) have left both Friesdat and Levy even more concerned about the accuracy, security, reliability and ability to oversee our own election system than they were even prior to Election 2016. So, what can we all do about it? How can the system be improved to allow more transparency and oversight? We discuss all of that on today's show as well --- and it starts with you...

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On today's BradCast, Green Party candidate Jill Stein speaks to lessons learned during her wildly obstructed attempt at citizen oversight of election results in three states, and a former U.S. Dept. of Energy official joins us with warnings about Donald Trump's disturbing choices to head the State Department, the EPA and the DoE, where a chilling Transition Team memo was recently sent in apparent hopes of ferreting out climate scientists in a witch-hunt reminiscent of the McCarthy era. [Audio link to show posted at bottom of article.]

First up, Stein held a press conference call today to wrap up her attempted "recount" of Presidential election results in Wisconsin, Michigan and Pennsylvania. Despite her willingness to pay millions of dollars, only one of those states, WI, allowed a statewide count at all. And, even there, it was done mostly by computer, so the results remain unverified by actual human beings. Still, she and her attorney on the call vowed to press on with a lawsuit in Pennsylvania and other actions meant to try and amend the horrific election practices, processes and laws exposed, once again, during the wildly obstructed and unprecedented attempt at counts and forensic analyses in all three states.

Then, my guest today is Dr. Joe Romm, physicist and former Deputy Asst. Secretary of Energy at the U.S. Dept. of Energy. He is now a Climate Progress blogger and author and he joins me to discuss, among other things, Donald Trump's nominations of former TX Gov. Rick Perry to head up the DoE (which, when he could remember its name while a Presidential candidate, he vowed to shut down entirely); Climate science denier and Oklahoma A.G. Scott Pruitt as DPA chief; and ExxonMobil's enormously interest-conflicted CEO Rex Tillerson as Sec. of State.

As Romm notes, "the Department of Energy is a very poorly understood agency" which most Americans, including Trump and Perry, likely know little about. It's a sprawling federal agency that carries out nuclear energy research as well as oversight and disaster clean-up. "So you have the weapons labs, you have all the national labs, which do energy and all sorts of work, including the nation's physics labs," he explains. "The Department of Energy has the highest ratio of PhDs per employee of any of the agencies, because it's doing all of this physics and energy research, and weapons research. So it's a good thing that Rick Perry got those glasses that make him smart."

On Trump's nomination of Tillerson to head up the State Department, Romm describes the conflicts of interest with the ExxonMobile CEO's pending $500 billion deal with Russia, observing: "If we didn't live in this topsy-turvy world where Donald Trump is President and naming people to run agencies who are anti-everything the agencies stand for, it would be ridiculous. Secretary of State is one of the most important, maybe the most important cabinet positions there is. Historically, it goes to someone who really understands diplomacy and many aspects of international policy." But Tillerson, he argues, has "literally no qualifications other than the fact that he has negotiated oil deals around the world."

As disturbing as Trump's nominations may be, however, even more chilling may be the story told by the McCarthy-esque survey recently sent by someone at the Trump Transition team to the Dept. of Energy, asking them to identify scientists and other career civil service employees who have worked on climate change and renewable energy issues at the federal agency, or even those who may have simply attended a U.N. climate conference. Romm speaks to all of the above, which he describes as "unprecedented" and details why there are newly disturbing reasons to be concerned about, "literally, the fate of the next thousand years."

Finally, Desi Doyen joins us for the latest Green News Report, with more on the above and, believe it or not, some arguably good news she was able to find from the U.S. Congress, of all places!...

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On today's BradCast, what we know and don't about newly reported charges that the CIA is said to believe Russian state-actors interfered in the U.S. election on behalf of Donald Trump over Hillary Clinton, even as attempts to verify the actual Presidential election results, and concerns that they were hacked or otherwise in error, are blocked by Republicans in Michigan and Pennsylvania and come to an official close in Wisconsin. [Audio link to show posted below.]

Over the weekend, Washington Post and New York Times each reported on unnamed sources alleging a "secret" "consensus" of U.S. intelligence agencies charging Russia tried to interfere with the Presidential election in order to help Donald Trump defeat Hillary Clinton. National security journalist and author Marcy Wheeler of EmptyWheel.net offers a measure of skepticism about the explosive reports on those allegations, which she suggests could echo what proved to be blatantly misrepresented and cherry-picked intel by the George W. Bush Administration in their run-up to the Iraq War.

We discuss what we know and don't know concerning the newly reported charges, which parties have an interested in forwarding them and why they are arising in this form now, and how those concerns can possibly square with seemingly contradictory resistance --- by both Republicans and Democrats alike --- to human verification of the stunning and poll-defying 2016 Presidential election results reported in Michigan, Wisconsin, Pennsylvania and elsewhere.

Speaking of which, late on Friday, a 3-2 split vote at the MI state Supreme Court denied a hearing of Green Party candidate Jill Stein's appeal of a 3-Republican judge decision that aborted the state's disastrous paper ballot hand-count last week. And today, a federal court in PA denied [PDF] Stein's lawsuit seeking a statewide hand-count of paper ballots and a forensic analysis of the 100% unverifiable touchscreen voting and computer tabulation systems used across most of the state. Also today, the state of Wisconsin completed its partial statewide hand-count and certified Donald Trump as the winner of that state's electoral vote. (Final tallies are not yet available from the Wisconsin Election Commission, but as of earlier today Reuters reported "Trump with a increase of 628 votes, Clinton with an increase of 653 votes and Stein with an increase of 68 votes". Those are net increases, without reflecting the total number of originally-mistallied votes, nor explaining that most of the state's largest counties simply ran the hand-marked paper ballots back through the optical-scan computers again to derive their "recount" totals.)

All of that amidst a repeated, coordinated, well-funded and familiar efforts by Republicans and Team Trump to block any and all verification of Presidential election results in all three states. "Cronyism, bureaucratic obstruction, and legal maneuvering have run roughshod over the democratic process," Stein said following Friday's Supreme Court decision in MI after tens of thousands of votes were deemed "unrecountable" due to the state's arcane "recount" laws while the attempted count was still underway last week. "A recount should not be this difficult or controversial. If you take out money from a bank, the teller counts it twice --- and the second time, they count it in front of your eyes. It should be well understood that something as important as a presidential election requires a basic level of quality assurance and verification."

We have all of the latest details on today's BradCast...

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A federal court victory for Jill Stein in Wisconsin; a federal court hearing in Pennsylvania; the fight to restart counting in Michigan; and the case for a recount in Florida. Yes, in Florida. But that's just the tip of the iceberg on today's very busy BradCast! [Audio link to complete show follows below.]

First up, some encouraging news from the New York Attorney General concerning his intentions to hold Donald Trump's nominees to head up the Environmental Protection Agency and Dept. of Labor accountable to the rule of law. Then, a bit more good news out WI today, where a federal court dismissed a Team Trump attempt to stop the ongoing Presidential "recount" in the state.

Meanwhile, a federal court in PA heard Jill Stein's case calling for a statewide count and forensic analysis of voting systems today. And, following the the hearing, in a press conference outside the courthouse, University of MI Computer Science and voting systems expert Prof. J. Alex Halderman explained again why such a study is necessary.

"Over the past ten years, we've found every one of the [voting and tabulation systems in the U.S.] susceptible to hacking. Doesn't matter whether they're plugged into the Internet directly or not," he said. "The evidence on the paper ballots, the evidence on the software in the machines --- that's what we're asking to examine. And that's the only way we're ever going to know for sure whether our votes were counted correctly or not in the 2016 Presidential election. We think that by looking at that evidence, which seems to me like just a common-sense security precaution, we can increase voter confidence, and help everyone know their that their votes really counted." Those comments come on the same day that the Obama Administration announced plans to release a report on charges that Russian hackers attempted to interfere in the 2016 U.S. election.

Then, we're joined by long time election integrity champion, Susan Pynchon, founder of Florida Fair Elections Coalition and a central character in HBO's Emmy-nominated 2006 documentary Hacking Democracy, joins us to discuss a lawsuit [PDF] filed late last week calling for a statewide hand-count of paper ballots in FL(!)

Pynchon explains the reasons why it was filed, which include not just the surprising result in the state's Presidential race, but also reports that a Florida-based corporate vendor by the name of VR Systems --- a company contracted by about a dozen states --- was reportedly hacked earlier this year. She says they provided "voter registration and other services in 64 of Florida's 67 counties. Voter databases, management and tracking of mail-in ballots, and election reporting services on election night." (And here is that Exhibit T [PDF] from the complaint that I referenced during the show, concerning troubling voter registration problems reported on Election Day in several Sunshine State counties, including Broward and Lee.)

Also, Pynchon details the high "invalid vote rate" ("votes that weren't actually counted --- undervotes, overvotes, and invalid write-in votes"), which she says is "more than double in this election than it was in 2008 and 2012. We need to take a close look at that because it's not normal. It's not typical of past elections." She goes on to describe how one county was also found to have "ordered duplicate sets of [security] seals," asking: "So how secure is that when you're sealing a ballot box with a seal that could then just be replaced with your duplicate set of seals?"

Coincidentally, part of Halderman's remarks from outside of the federal courthouse in Philadelphia this afternoon, which we play in full on the show today, referred to how easy it is to break into those voting machine security seals. He says they are "easy to remove in just a few seconds with a hairdryer or a screwdriver."

"You know, if you'd asked me this ten years ago, I would have said, well, maybe it sounds like science fiction, someone hacking into a country's national election by tampering with the voting machines," warns Halderman. "I think it's only a matter of time before this happens, if it hasn't happened already."

Finally today, an incredibly chilling missive was confirmed to have been sent to the U.S. Dept. of Energy from the Trump transition team, seeking the names and details of scientists and other employees there and at national laboratories involved in climate change and other related studies...

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On today's BradCast, our coverage of what suffices in the U.S. as a Presidential election "recount" continues, in no small part, because someone has to cover what is actually going on there. [Audio link to show posted below.]

A federal court ruling [PDF] issued late yesterday in Michigan has effectively stopped the counting of paper ballots in the state following an earlier 3-Republican judge state court ruling that Green Party candidate Jill Stein is not an "aggrieved candidate" and, thus, not entitled to any type of "recount". Moreover, U.S. District Judge Mark Goldsmith finds there is no federally recognized right to a "recount" and, in any case, Stein presented no "evidence of significant fraud or mistake" while asking for one. But, of course, how could she, without being allowed to examine the evidence in question? State Republicans described the suspension of ballot counting as "a victory for the taxpayers and voters of Michigan."

That, even as scores of precincts across the state --- hundreds in Detroit alone --- were deemed "unrecountable" by election officials under MI's horrible statutes disallowing the hand-count of votes when human error or computer vote tabulator failure leaves Election Night ballot totals off by as little as a single ballot, as compared to the number of names signed in to pollbooks. Even in just three days of counting before it's suspension today, many such precincts were found to be "unrecountable", despite totally unreconciled vote tallies.

"It is an outrage that the voters of Michigan are being denied their right to have their votes properly counted," rails longtime election integrity advocate and attorney John Bonifaz, one of those who initially argued to both Hillary Clinton and Stein that a post-election count was necessary. "Because of a partisan state appeals court decision, Americans will never know the truth about what happened in this election."

Bonifaz was joined by many longtime computer science and voting systems experts, such as Douglas Jones of the University Iowa, who warns today: "In a healthy democracy, elections are run with sufficient transparency that partisans of the losing candidate can convince themselves that they lost fair and square. Recounts in close elections are a necessary part of this transparency, particularly when the margin of victory is exceeded by an unusual number of ballots that were cast without reporting any vote in the election." Jones is referring to the 75,000 ballots in MI said to have no vote for President at all, nearly twice as many undervotes as reported in 2012, despite a 10,000 vote margin between Trump and Clinton in MI, where some 5 million votes were cast. That case is headed to MI's Supreme Court, where Stein is demanding two state Justices recuse themselves after being named by Donald Trump as potentially U.S. Supreme Court nominees.

In Pennsylvania, a similar, if even worse case of lacking "evidence" of fraud has served to block forensic analyses of the otherwise 100% unverifiable touch-screen voting and tabulation systems used across most of the state. Late Wednesday, Stein filed a new court challenge in Allegheny County (Pittsburgh), seeking the type of examination that computer science and voting systems experts have been desperately calling for. A similar challenge was rejected yesterday in Philadelphia for...you guessed it...lack of evidence of fraud.

And in Wisconsin, observers of the ongoing counts and retallies are calling for a federal suit --- which, I'm told, could be filed on Friday --- seeking a statewide hand-count of paper ballots, after a state court previously found a new law passed by Republicans last year allowed most of the largest (and Democratic-leaning) counties to "recount" by the same computer scanners that initially tallied votes (either correctly or incorrectly). The computer tallies, and a number of other concerns revealed to date, have led some of those observers to describe the current process as a "farce", and declare: "The most urgent issue in America right now is to be able to confirm that every vote was counted fairly, accurately, and honestly, and if not, for patriotic Americans to raise bloody hell about it."

And so, we do. Even as the corporate media continue to misreport or ignore altogether what is actually going on in all three longtime "blue" states where just 3 votes per precinct recorded for Clinton instead of Trump would have meant that she, not he, would be considered the President Elect right now. Citizen oversight of election results matter. As simple as that should be, the struggle to achieve any such post-election oversight or verification, in the face of seemingly insurmountable obstacles, is astounding and an outrage.

Also today, speaking of outrages and science ignored by corporate media and elected officials alike: Desi Doyen joins us for the latest Green News Report on Trump's shocking choice to head the EPA, on another oil pipeline rupture --- this time not far from the contested Dakota Access Pipeline near the Standing Rock Sioux reservation in North Dakota --- and temperatures in the Arctic are now from 35 to 55 degrees Fahrenheit warmer today than they normally are this time of year...

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On today's BradCast, state and federal court rulings, shameful 'recount' laws and other outrageous obstacles preventing citizen oversight of Presidential election results in Michigan, Pennsylvania, Wisconsin and elsewhere. And, as if that's all not disturbing enough, wait until you hear who Trump is reportedly tapping to head up the Environmental Protection Agency! [Audio link posted below]

Our "Recount" 2016 coverage continues today, on the heels of "dueling" federal and state court rulings on Tuesday night in Green Party candidate Jill Stein's fight to continue hand-counts in Michigan, hundreds of precincts across the state (including tens of thousands of ballots) are being declared "unrecountable" by state officials --- for often absurd reasons. We explain those rulings as we await what is likely to be a federal court order ending all counting in the state by tomorrow, despite Trump's razor thin 10,000 vote statewide margin of just one-tenth of one-percent over Hillary Clinton.

Another court ruling comes down today against Stein's suit for a forensic analyses of 100% unverifiable touch-screen voting systems used in Philadelphia, prompting plans to seek same in state court. And the counting (and computer re-scanning) continues in Wisconsin, despite efforts by Team Trump to stop counting and oversight immediately in all three states.

We're joined today by author, former attorney and longtime election integrity advocate Paul Lehto to discuss all of the above and much more, including how failed tabulation systems, woeful election law, and extraordinary legal challenges in at least six courts in three states to block all oversight is little more than an invitation for future fraud.

On MI's "outrageous" law resulting in hundreds of "unrecountable" precincts in Detroit alone, Lehto charges: "All you need to do is add an extra ballot without adjusting the poll books, which makes it easier to do fraud or easier create an error. And that error or fraud is insulated from ever affecting the results. If somebody did want to do fraud, it's like a dream for them."

"But here's the thing: it doesn't really matter, from the perspective of democracy, whether it's an error or whether it's a fraud. Because we're only interested in the true vote count," he tells me. "But in this case, Michigan law itself is protecting and creating 'safe harbor' for both errors and fraud."

"Don't count on anything happening after Election Night," Lehto has long warned. "Why? Number one: everybody wants to avoid embarrassment. Nobody wants to be the next Florida. So everybody in the state government and the elections bureau is working really, really hard not to be embarrassed, and that's a non-partisan interest that really goes against transparency. The other thing is that 100 percent of all election law is made by election winners, who absolutely do not want their victories to be questioned. So that's another factor why you can never really count on getting good election laws for post-election remedies, because everybody that's voting on it is a winner and they don't want losers --- or what they would call 'sore losers' --- questioning their great victory. So basically that leaves democracy defenseless."

As he describes the evolution of the Election Integrity movement over the past decade, Lehto concludes our system amounts to "basically: certify first, ask questions later." He says post-election audits or "recounts" are ultimately "not sufficient, no matter who you are. The only option is to get it right on election night."

Also on today's show, in case you still don't believe elections and democracy matter: Trump will reportedly nominate Oklahoma Attorney General Scott Pruitt --- a climate change denier, opponent of environmental regulations, and long-time fossil-fuel industry tool --- to head up the U.S. Environmental Protection Agency.

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On today's BradCast, the latest breaking news on how broken optical-scan tabulation computers may have undermined the ability to count tens of thousands of ballots in Michigan --- specifically in or near Detroit --- and much more "recount" 2016 related news, even from Vermont! [Audio link to show is posted below.]

With a reported margin of just over 10,000 votes for Donald Trump over Hillary Clinton in MI --- out of some 5 million votes tallied in the state --- the ability to hand-count tens of thousands of votes in Green Party candidate Jill Stein's federal court-ordered [PDF] "recount" may be at risk of "chaos" under state law, thanks to the failure of computerized paper-ballot optical-scanners which may have mistallied ballots in some fashion on Election Day.

Hopefully, hand-counts can reconcile mismatches between poll book signatures and computer printouts from "610 of 1,680" precincts in Wayne County, which includes heavily Democratic-leaning Detroit, where "392 of 662" or 59% of precincts may now be uncountable. That's a major concern, obviously, not just due to the state's razor thin margin, but also, as Stein points out today, since some 75,000 ballots --- until now, completely unexamined by human beings --- were reported by the computers to have no vote at all for President. That's a 70% increase from 2012 in the number of ballots reported to have Presidential undervotes, a number that is more than seven-fold the margin of votes that could flip the state from Trump to Clinton.

All of that as Team Trump ups their efforts in both state and federal court to stop the counting in MI entirely and as Stein pushes back in both court cases, including a move to force the recusal of two state Supreme Court judges named by Trump as potential U.S. Supreme Court nominees.

Also, while a recent change to state law by Republicans in WI has resulted in many of the largest counties simply running paper ballots through the same computer scanners that tallied them (either correctly or incorrectly, who knows?) the first time in that state's "recount", it's not just Republicans who prefer unverified computer tallies over hand-counts. In Vermont, the will of the voters may never been known in two exceedingly close state legislative races, thanks to a 2014 state law supported Democrats, requiring that computers, not people, tally ballots during ongoing "recounts" there. Two incumbent Democratic lawmakers who supported the new law may now be undone by it, as one is set to lose a "recounted" race by just six votes, and the other is facing a tie, depending on whether two questionably marked paper ballots were tallied by the scanner or not. (I wonder how they could figure out if they were?)

All of that may be good news to the Washington Post, however, which published an op-ed yesterday explaining why the authors believe, in contravention of computer scientists and voting systems experts, that "computers are better than humans at counting ballots." Of course, to know that for certain, the authors suggest...um...counting ballots by hand.

Also on today's BradCast: Al Gore meets with Donald Trump to discuss Climate Change and Desi Doyen joins us for the latest Green News Report on the weekend's victory for the Standing Rock Sioux tribe against the Dakota Access Pipeline in North Dakota, on Trump reportedly eying Native American lands for energy development and Exxon Mobile's CEO for Sec. of State, and a bit of good renewable energy news out of Texas (of all places)...

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On today's BradCast, we cover an enormous amount of news, breaking and otherwise, on both the Presidential "recount" story in three different states, as well as the fight against the Dakota Access Pipeline in North Dakota. And we speak to Green Party candidate Jill Stein's campaign manager, David Cobb, about the ongoing and "escalating" legal battles and fights for citizen oversight of election results in Wisconsin, Michigan and Pennsylvania. [Audio link to show posted at bottom of article.]

First today, the latest on the breaking news over the weekend in the story of the denial of a permit for the controversial pipeline in ND, where thousands of native Americans have been protesting for months against its construction near tribal lands. On Sunday, in a huge victory, the U.S. Army Corps of Engineers denied an easement to Dallas-based Energy Transfer Partners that would have allowed them to complete the pipeline by building on disputed land near and beneath Lake Oahe, the Standing Rock Sioux's source of drinking water. The victory, while monumental --- even as the protests and violent attempts by law enforcement to stop them have been almost entirely ignored by mainstream corporate media --- may be short-lived, depending on legal actions and decisions made by the next President. Desi Doyen joins us for the latest.

At the same time, over the weekend, the corporate media was busy misreporting and misleading the legal maneuvers of Green Party Presidential candidate Jill Stein, who has dropped just one of the statewide voter-initiated suits demanding a PA "recount", in favor of a federal filing [PDF] today, on Constitutional grounds, seeking federal intervention for a statewide count and forensic analysis of 100% unverifiable voting systems used there. Stein and her attorneys held a press conference and rally today outside of Trump Tower in Manhattan, to explain the efforts.

Also, a federal judge this morning ordered [PDF] the state of Michigan to being counting ballots today, after successful maneuvers by Team Trump delayed the start of that effort late last week and had hoped to further delay or deny citizen oversight of results entirely. MI's Attorney General (a Trump supporter) falsely argued in his filing and during an unusual emergency hearing in federal court on Sunday, that the count might endanger the state's Electoral College votes. U.S. District Judge Mark Goldsmith ordered the counting to begin at noon today, however, finding that any further delay "would likely violate [plaintiffs'] right to vote under the First and Fourteenth Amendments" and that "there is a credible threat to the voters' right to have a determination made that Michigan's vote for president was properly tabulated." The MI GOP has vowed to appeal both the federal and state cases against counting ballots.

My guest today, Stein's campaign manager David Cobb, the Party's 2004 Presidential nominee --- who, himself, called for the partial statewide count that happened after that year's Presidential contest in Ohio --- joins us to discuss the latest developments in the ongoing counts and court cases in all three states, and to explain why Stein and the Green Party "are demanding integrity in the election system."

In PA, he explains (as we long have as well), that "there is no way to properly verify the DRE --- direct recording electronic --- equipment, otherwise correctly known as 'black box voting'. It's terrible to begin with and they should never be used. ... The real gain here is forensic experts getting an opportunity to get their hands on these machines --- and that is exactly what we are seeking in all three states --- but, in Pennsylvania, in federal court specifically, because of the completely outrageous system of recount provisions in the state." (To get an idea how horrific they are, check out my interview with VotePA's Marybeth Kuznik from last week, or read today's filing [PDF] in federal court.)

"I really want to underscore," he tells me, "we are escalating the fight into federal court in Pennsylvania precisely because the Pennsylvania laws are so horrible."

"These black box voting machines are hackable," he continues. "If any nefarious individual can get their hands on them, there are ways to manipulate them. That's the reason it's so important to have these forensic studies done. So that we can literally verify the vote. What is Donald Trump afraid of?"

We also discuss the efforts of the Green Party going back to Cobb's own attempted "recount" in Ohio, when two top election officials in the state's largest county, Cuyahoga (Cleveland), were found guilty and sentenced to the maximum sentence in prison for having rigged the 2004 Presidential "recount".

"We are demanding that every vote counts, so count every vote! It's just that simple. At the end of the day, if we do not have confidence in the election system, we cannot have confidence in our government itself," he argues.

Finally, speaking of counting votes (or not), North Carolina's abhorrent Republican Gov. Pat McCory has announced he is giving up his own battle for a statewide recount (which we supported) and has conceded the race to the state's Democratic candidate Attorney General Roy Cooper, becoming the first Governor to lose a re-election bid in state history...

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On today's BradCast, Team Trump takes a page from the George W. Bush 2000 playbook by attempting to stop the "recounts" in Wisconsin, Michigan and Pennsylvania, just as his margin over Hillary Clinton plummets in PA. [Audio link to show follows below.]

Over the past 24 hours, Donald Trump or his surrogates have filed multiple legal complaints in three different states in an effort to stop the "recounts" (hand-counts, machine counts and/or forensic analyses of computerized voting and tabulation systems) as lawfully sought by Green Party Presidential nominee Dr. Jill Stein. As the Stein camp noted today, the sudden interest by Team Trump comes as Trump's margin over Hillary Clinton has dropped from about almost 70,000 votes to about 46,000 votes (out of some 6 million tallied) as PA counties finally complete their initial tallies. The Stein camp notes today: "With his margin of victory in the state nearly halved as of last night, and now within 0.2% of triggering an automatic statewide recount, Donald Trump is desperately fighting to stop the recount in Pennsylvania." His attorneys filed a suit [PDF] late Thursday to dismiss her filings in the Keystone State.

He is also attempting, somewhat successfully, to stop hand-counting from moving forward in MI, where he reportedly leads Clinton by just over 10,000 votes out of about 5 million tallied, including more than 75,000 ballots with no vote reported for President at all, many of those cast in or near Detroit. That figure, Stein charges, "is double the number [of undervotes] from 2012." After Trump filed an objection to the "recount" request in MI last night --- claiming that a count would "risk having the Electoral College door knocked off its hinges" and delaying the start of counting for as many as five days --- the state Attorney General Bill Schuette, a Trump supporter, filed a separate complaint [PDF] today on behalf of the state in federal court, seeking to prevent votes from being counted as well. His claim supports Trump's objection filed yesterday and argues that counting ballots is "frivilous" and is meant by Stein to delay final certification of the results. She describes his action as "nothing more than party politics that needlessly delays what should be a routine verification of the democratic process."

In Wisconsin, pro-Trump outfits calling themselves the Great America PAC and the Stop Hillary PAC filed a complaint [PDF] in federal court to immediately stop the counting of ballots, which is now in its second day in the Badger State. That complaint, citing Bush v. Gore from 2000, argues that counting ballots violates the Equal Protection and Due Process clauses of the U.S. Constitution and "may cast an unjustified pall over the election of President-Elect Trump, undermining public confidence in the integrity of the electoral process." Sounds familiar, ironic and, yes, hypocritical.

Just before airtime today, a federal Judge in Wisconsin denied the plaintiffs' motion in that case seeking an immediate restraining order to halt the ongoing counts, but has set a hearing on the matter for December 9th. For her part, Stein, pushing back, has announced a press conference for Monday, December 3, across from Trump Tower in Manhattan.

So, why are Trump and the GOP against verifying election results? We discuss that, the ongoing and not-ironic-at-all fight of the GOP Governor in North Carolina to verify his own election results(!) and much more, including Desi Doyen and her latest Green News Report, on today's BradCast!...

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On today's BradCast, the attempt at verifiable citizen oversight of election results from the 2016 Presidential race gets underway in Wisconsin, and gets stopped dead in its tracks by a Trump legal filing in Michigan. All of that, even as more actual Republican voter fraud (yes, real voter fraud) is revealed by media and rewarded by Donald Trump. [Audio link to show is posted below.]

The state of Wisconsin officially began its *"recount" of some 3 million ballots cast in the 2016 Presidential election today, in the state where Trump reportedly defeated Hillary Clinton by just over 22,000 votes. Unfortunately, several of the largest jurisdictions have decided to simply re-tally their hand-marked paper ballots by the same optical-scan computers which tallied them (either correctly or incorrectly) in the first place. That, despite a host of computer science, security and voting systems experts who continue to argue as loudly as they can (including in recently filed court documents), the only way to know for certain how voters voted is to hand-count those ballots.

Meanwhile, in Michigan late today, where Trump reportedly won by just over 10,000 votes out of nearly 5 million counted, the Trump Campaign filed an objection to Green Party candidate Jill Stein's request for a "recount" there. That legal maneuver will successfully delay the start of counting, which had been scheduled to begin on Friday in the state, until sometime next week. That's a disturbing development, given that all states are federally mandated to have final certified numbers completed by December 13th. It's an echo of the successful GOP efforts to stall and then block entirely, the statewide Florida "recount" in 2000. In a statement in response late today, Stein describes the Trump filing this way: "The Trump campaign's cynical efforts to delay the recount and create unnecessary costs for taxpayers are shameful and outrageous."

At the same time, Trump's brain-addled supporters are buying his lie about "millions" having "voted illegally" in the 2016 election. They have fallen for it thanks, in no small part, to so many years of irresponsible reporting on the matter by corporate media over our publicly-owned airwaves. And yet, so far, the only "illegal" votes that have been found in the 2016 election (four cases in total) were all documented to have been cast by Republicans.

Nonetheless, as we have reported on very high profile Republicans like Ann Coulter and Mitt Romney and Newt Gingrich and many others committing actual voter fraud and voter registration fraud over the years, Trump has now hired a voter fraud felon (see this from 2006) for a top White House national security advisory role. All of that American madness and much more on today's BradCast...

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* NOTE: The BRAD BLOG generally uses quotes around the word "recount" to denote post-election hand-counts of ballots which have never actually been counted by human beings, but rather, only tabulated by computers during the official tally. It's impossible to know whether those computers actually tallied votes accurately unless paper ballots are examined by hand.

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On today's BradCast: The Green Party's Jill Stein has filed for a 'recount' in the third of three states, and continues to fight against barriers erected to prevent citizen oversight of the 2016 Presidential Election results. [Audio link to show is posted below.]

Late today, Stein filed for a "recount" in the state of Michigan, after computer security and voting systems experts continue their pleas for hand-counts of paper ballots that have, to date, only been tallied by computers. MI is the third state, following Wisconsin and Pennsylvania, where counts of the 2016 Presidential election race are being sought. The campaign included a check for nearly $1 million dollars with their filing.

In Wisconsin, where the GOP state legislature recently changed the law to jack up the fees for "recounts" and to allow such tallies to be done by computers instead of by hand, a state judge, citing that new statute, denied a suit by Stein (and joined by the Hillary Clinton campaign) seeking statewide hand-counts, despite the judge's own belief they should be carried out that way. The Green Party candidate, however, vows to press on, despite the cost of the counts --- partial, hand-counted or machine-counted --- now rising to some $9.5 million. That, apparently, is now the obscene price that citizens have to pay to even have a fighting chance of knowing who actually won or lost a Presidential Election in just three states.

We have much more today on all of the above today, and callers ring in with questions and thoughts on the "recounts".

Finally, Desi Doyen joins us for the latest Green News Report and an update on the climate-fueled wildfires in Tennessee, where the death toll has now tragically been increased yet again...

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On today's BradCast: The newly insane cost for a "recount" in Wisconsin and the even more jaw-droppingly insane voting system and "recount" laws in Pennsylvania. [Audio link to today's show is posted below.]

Barriers against citizen oversight of 2016 Presidential election results continue, even as the campaign of the Green Party's Jill Stein works with tens of thousands of citizens to try and overcome them in three different states where she is seeking "recounts". (For the record, if you're wondering, The BRAD BLOG generally uses quotes around the word "recount" to denote post-election hand-counts of ballots which have never actually been counted by human beings, but rather, only tabulated by computers during the official tally. It's impossible to know whether those computers actually tallied votes accurately unless paper ballots are examined by hand.)

The WI Election Commission informed the Stein campaign (and independent candidate Rocky De La Fuente, who has also filed for a "recount" there) yesterday that she will have to pay $3.5 million to even begin counting paper ballots in the state. I've confirmed with her campaign that she intends to do so, even after state election officials had originally estimated the fees to be $1 million for a statewide recount. That, even as state law has recently changed to allow counties to use computers to "recount" ballots, rather than public hand-counts. As we've long reported, similar barriers are often erected to block citizen oversight of elections, begging the question again: What good are hand-marked paper ballots if nobody is actually allowed to count them?

But the situation is far worse in Pennsylvania, where voters in most of the state are forced to vote on 100% unverifiable touch-screen systems and the state's arcane "recount" statutes require tens of thousands of voters to file affidavits (3 in each precinct) asking for such counts.

Longtime election integrity champion and VotePA.us founder Marybeth Kuznik joins us with details on what is now going on in the Keystone state towards that end, and to help explain the insanity of the state's unverifiable voting systems and the near-incomprehensibility of its "recount" laws.

"Pennsylvania election law is so convoluted," she tells me, while explaining the requirements for three voters in each of the state's 9,163 precincts (that's 27,489 voters!) to file a complaint in order to have a statewide voter-initiated count. She also explains the second route towards such a count, which requires 100 voters to file in the Commonwealth Court.

In either case, since much of the state uses unverifiable touch-screens, there is often nothing at all to count, even if a count is allowed! "They'll print out the Election Night tapes. They'll bring out some sort of a printout from the central tabulator. Usually they just bring out results. They look at the precinct tape, they look at the precinct printout, they go 'Hmm, that looks the same to me!', and everything's good. That's the recount!," Kuznik explains. "The thing is, of course it's going to be 'good'. The same software that counted on Election Night and printed out that tape is what's counting and printing out this result paper that they compare. It's nuts. It's just crazy."

As you'll hear, it's even worse than I've described it here. But, that's how it still works (or doesn't) in PA, after all of these years, and even in light of a forensic analysis by computer scientists of just one PA county voting system in 2011, after vote-flips were reported and candidates received zero votes in several elections in heavily-Republican Venango County. (See our exclusive special report and documents here.) That landmark study found, among other disturbing things, as we reported at the time: "unexplained, out-of-sequence activity log entries in the computer tabulation system, indications that the system was mounted several times with a 'USB flash drive' device, and, perhaps most troubling, evidence that the system was repeatedly accessed by an unidentified remote computer, for lengthy periods of time, on 'multiple occasions.'"

Those same systems --- and even worse ones --- are still used today across the state in 2016, as the fate of the world relies on them. Yes, as we've been warning you for more than a decade: "It's just crazy."

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