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Latest Featured Reports | Sunday, May 11, 2025
Sunday 'New Guy, Old Guy' Toons
THIS WEEK: New Pope ... Old Dope ... Good Cartoonists ... Best Wishes ... And more, in our latest collection of the week's best toons!...
Blowing Smoke.
At the Vatican and White House: 'BradCast' 5/8/25
We have a new Pope; Trump's pretend deals; Rightwing propaganda set to replace Voice of America?; And other disasters of the moment...
'Green News Report' 5/6/25
  w/ Brad & Desi
Trump EPA reportedly planning to kill money-saving Energy Star program; Trump cuts to science hurting U.S. economy; PLUS: GOP Congress targetting CA's clean air rules...
Previous GNRs: 5/6/25 - 5/1/25 - Archives...
SCOTUS Allowing Publicly-Funded Religious Schools 'Would be a Ground-Breaking Disaster': 'BradCast' 5/7/25
Guest: ACLU's Daniel Mach; Also: Griffin concedes in NC; Vance bro trounced in Cincy...
Trump Judge Blocks NC GOP Attempt to Steal 2024 State Supreme Court Election: 'BradCast' 5/6/25
Also: U.S. intel contradicts Trump gang lies; AEA blocked again; Tesla circling drain in Europe...
Prosecutors Resign After Trump U.S. Attny Strikes Deal With Felon Cop: 'BradCast' 5/5/25
Guest: Journalist Meghann Cuniff; Also: Liberal Ozzy landslide; Trump movie tariffs; Questions Due Process; Judge nixes EO targeting law firm...
Sunday 'Good Buy, Dolly!' Toons
THIS WEEK: War on Christmas ... 1,361 to Go ... Ink Spotting ... Oh, Canada ... And more, in our latest collection of the week's Grinchiest toons...
Trump Losing Streak Continues into SECOND Hundred Days: 'BradCast' 5/1/25
National Security Adviser tossed; More big court losses via Republican-appointed judges; Also: 2028 Dems rising?...
'Green News Report' 5/1/25
  w/ Brad & Desi
Liberal Party's Carney, climate action expert, wins in Canada; White House announces rare earth deal with Ukraine; PLUS: Half of Americans breathing dangerous levels of air pollution...
Previous GNRs: 4/29/25 - 4/24/25 - Archives...
100 Daze: 'BradCast' 4/30/25
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
Campaign to 'Impeach Trump Again' Gains Fresh Momentum: 'BradCast' 4/29/25
Guest: Const'l Law and Impeachment expert John Bonifaz; Also: Liberals crush Conservatives in Canadian elections...thanks to Trump...
'Green News Report' 4/29/25
Trump fires all Nat'l Climate Assessment scientists; Denies disaster aid to AR, KY; Spain, Portugal blackout; PLUS: Oil company's caused $28 trillion in damage...
And Then They Came for the Judges...: 'BradCast' 4/28/25
...and the DOJ Voting Rights Section ... and a 4-year old citizen with Stage 4 cancer; As Trump's approval ratings plunge ... on everything ... near 100th day in office...
Sunday 'Desperation' Toons
THIS WEEK: China: 'No'...Harvard: 'No'...Ukraine: 'No'...Musk: 'WTF?'...Francis RIP ... And much more, in our latest collection of desperate toons for desperate times...
Trump EPA Guts Enviro Justice Office: 'BradCast' 4/24/25
Guest: Joyce Howell, 30-year EPA attorney, AFGE Exec VP; Also: 'Bloodbath' at DoJ Civil Rights unit; Federal judges block three Trump anti-DEI and voting orders...
'Green News Report' 4/24/25
Largest coral bleaching event on record, on 84% of world reefs; Trump 'loves' coal miners so he's killing them; PLUS: Admin guts climate, weather research funding...
Sunday 'Happy Easter!' 'You Are Here' Toons
THIS WEEK: Constitutional Crises ... White House Easter ... From the Society Pages... And much more! In our latest collection of the week's most festive holiday toons...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
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'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


White House censors climate science; NC GOP lied to federal court about gerrymandering; FL Repubs solidify power by gutting state initiative process; Jon Stewart shames Congress for ignoring 9/11 victims...again...
By Brad Friedman on 6/11/2019 6:33pm PT  

We are far beyond politics and partisanship at this point. Our nation, and indeed our planet, is under threat from an entirely corrupt enterprise from top to bottom: the Republican Party. That doesn't mean that Democrats are wonderful. It means that the GOP may as well no longer exist as a political party. It is now no more than a wholly corrupt tool of corporate paymasters hoping to retain power and willing to take down an entire nation or planet with them in order to do it, if need be. [Audio link to full show is posted below.]

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

  • Like China or North Korea or the old Soviet Union, the Trump Administration is finally just censoring science. The White House, according to the Washington Post, blocked a State Department intelligence analyst from delivering the written version of his opening testimony to a Congressional meeting last week after severely censoring his spoken remarks as well. Objections from several different corrupt White House agencies prevented Rod Schoonover, of the State Department's Bureau of Intelligence and Research, from submitting his prepared testimony because it allegedly included just too much science from federal agencies such as NASA and NOAA, warning about the national security perils of unchecked climate change. In the oral version of his remarks, which he was allowed to deliver, he was forced to remove the words like "possibly catastrophic" from the phrase: "Absent extensive mitigating factors or events, we see few plausible future scenarios where significant --- possibly catastrophic --- harm does not arise from the compounded effects of climate change." Our climate crisis in frightening enough. What is happening now at the very top of our federal government makes it all the more terrifying;
  • On yesterday's program, we featured my exclusive interview with cybersecurity researcher Chris Vickery, who discovered hundreds of sensitive documents available for download on the Internet at the North Carolina State Board of Election's website, including "master passwords" for voting systems used in the state. We hope to have some followup on that story in coming days, but, in the meantime, North Carolina Republicans seems to be in competition with the nearby states of Georgia and Florida when it comes to who is able to be the most corrupt and willing to blatantly game elections for partisan advantage the most.

    Setting aside Vickery's disturbing report for now, and setting aside the DHS finally beginning a forensic probe of potential corruption (or even foreign penetration) of the state's voter registration system during the November 2016 Presidential election, and setting aside the GOP Absentee Ballot Fraud scandal that derailed last November's U.S. House election in the state's 9th Congressional District, the state GOP's multiple attempts to unlawfully use both racial and partisan gerrymandering in their successful effort to prevent Democrats from winning elections at both the state legislative and U.S. House level is breathtaking.

    But it has now been revealed to be even worse than previously known, thanks to new documents found on the hard drive of the RNC's late redistricting expert which reveal the state lied to a federal court in at least one of three different lawsuits against them for unlawful gerrymanders. We try, with the help of Daily Kos' Stephen Wolf, to break down the three different gerrymandering cases (two in federal court over racial and then partisan gerrymanders of U.S. House seats, and an ongoing case in state court over the gaming of legislative districts) to help expose how breathtakingly corrupt and dishonest state Republicans have become and the lengths to which they have been willing to go in recent years to try and cling to power. That, as statewide elections have now resulted in Democratic victories for the top executive offices such as Governor and Attorney General, and a 6 to 1 advantage for Democrats on the elected state Supreme Court.

    Nonetheless, with the several illegal gerrymanders, the GOP has been able to hold on to super-majorities in both chambers of the state legislature until last November, when court-ordered fairer districts were used for the first time. But the lie that has now been exposed thanks to the dead GOPer's hard drive allowed the party to enjoy an extra year of veto-proof control and a bevy of bills and ballot measures were adopted that likely never would have been had democracy actually existed in state legislative elections;

  • Speaking of corrupt Republican state lawmakers, Florida is working hard to keep up with NC. After their legislature recently passed a measure to gut a state Constitutional amendment adopted by nearly 65% of Florida voters last year to restore voting rights to most former felons in the state after completion of their sentences, the Sunshine State's new Governor, Ron DeSantis (who reportedly won election last year by less than one half of one percent of the vote), insisted lawmakers gut the entire statewide ballot initiative process to make it nearly impossible for citizen-led initiatives to end up on the ballot at all. The new measure, as the Tampa Bay Times describes it, "will solidify Republican control in Tallahassee by eliminating one of the last threats to their power: the ballot box." They report that the legislation will "stifle the last area outside of statewide Republican control in Florida," noting "Republicans have dominated the Legislature, Cabinet and governor’s mansion for the last 20 years, and every member of the state Supreme Court has now been appointed by Republicans";
  • But where state GOP lawmakers are wholly corrupt, those at the federal level, setting the tone, are putting them to shame. We set aside today's Constitutional Crisis and Impeachment Update to bring you Jon Stewart's full testimony to a Congressional committee this afternoon, instead. Most Republican lawmakers didn't even bother to show up, despite the fact that it was a House hearing on renewing the 9/11 Victims Compensation Fund which is said to be running out of money. The VCF covers health care costs of first responders such as police and firefighters who worked on and in the pile at Ground Zero on 9/11 and in the days that followed. Many of those victims have since died and are continuing to die due to long-term ailments related to breathing the air at Ground Zero. Shamefully, the GOP is, once again, fighting an extension of the program. Stewart blasts the lawmakers in moving, must-listen, sometimes tearful remarks that are alternately enraging and heartbreaking, citing "callous indifference and rank hypocrisy" of those who formerly used "Never Forget" as a political slogan supposedly in support of the same first responders who are now forced to show up on Capitol Hill to beg for healthcare as they fight for their very lives;
  • Finally, Desi Doyen joins us for our latest Green News Report on one of those troubling days when the GNR, of all things, is the lightest, fluffiest segment we seem to be able to muster...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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A decade of unconstitutional racial gerrymandering led to this moment...
By Brad Friedman on 2/7/2019 6:42pm PT  

On today's BradCast: Yes, Virginia, there is a problem with race (and hate) in the Commonwealth. But Democrats would be wise to take a breath and notice what's really going on there before making critical political decisions out of fear. [Audio link to show follows below.]

The media are all over the astonishing crisis that has overtaken VA state politics in the past week, since a Republican website revealed a racist photo on Governor Ralph Northam's 1984 yearbook page, and a serious sexual assault allegation leveled against Lt. Governor Justin Fairfax, while Attorney General Mark Herring subsequently announced that he had donned blackface while dressing as one of his favorite rappers for a party 40 years ago when he was 19. The political futures of all three Democrats now hang precariously in the balance, with top Dems (and media elite) both inside and outside of VA demanding Northam resign, despite the complete lack of evidence to suggest he is a racist in the 35 years since the photo was published. As we discussed on Monday's program, Northam claims he knew nothing about the photo until last week, as he hadn't purchased the yearbook.

But with Fairfax --- an African-American and first in line to succeed the Governor, should he step down --- facing a serious assault allegation (which he has repeatedly denied) and some calls for Herring --- second in the line of succession --- to step down, echoing those leveled against the Governor, the next state official in the line of succession is Republican House of Delegates Speaker Kirk Cox.

Cox is in that role, thanks only to a questionably "tied" Delegate election in 2017 that left the GOP in control of the House, after a Republican election judge changed his mind in order to create the tie, and a subsequent lot was drawn from a ceramic bowl to break it.

Far more notably, and far less reported, is that a decade of unconstitutionally gerrymandered House of Delegates districts drawn by the GOP to dilute the voting power of African-Americans gave Republicans as many as 8 more delegates in the House than they likely would have won with fair districts. One of those districts was "won" by Speaker Cox himself, according to a new district map ordered for use in this year's 2019 House elections by a panel of federal judges just weeks ago. Without the racial gerrymander, he likely wouldn't be in the House at all, much less in a position to become the next Governor, replacing a guy who admitted only that he put shoe polish on his face to dress as Michael Jackson in a dance contest 25 years ago.

We break down the entire mess today to, hopefully, shed some light on the FULL story of what's going on there, and how Democrats' fearful and breathless rush to avoid charges of hypocrisy may be serving to simply do themselves in for no good or even smart reason.

Also today: Republicans are freaking out about wildly popular ideas such as increasing taxes on the wealthy and a "Green New Deal" (a resolution officially introduced today by Democratic freshman Rep. Congresswoman Alexandria Ocasio-Cortez [D-NY] and veteran Senator Ed Markey [D-MA]). They are so alarmed that over at Fox "News", anchors are describing increased taxes on rich people as an attack on Capitalism itself, and programs like the Green New Deal as "Venezuela-styled socialism". But the laugh out loud part is when one wingnut Fox personality explains why, he claims, that such programs are now so popular among voters of all political persuasions. AOC's Twitter response was priceless.

Finally today, Desi Doyen joins us for details on all of that and with the latest Green News Report, on Trump's "disgraceful" failure to mention climate change at this week's State of the Union Address, despite hundreds of Americans killed and displaced over this past year alone, which is now, officially, the fourth hottest year since record-keeping began...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Harvard Law's Michael Klarman; Also: Trump praises GOP Rep's violence against journalist at MT rally, as Khashoggi assassination roils...
By Brad Friedman on 10/19/2018 6:46pm PT  

On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Recognizing the 'gravity and importance' of right to an accurate count, court directs parties in lawsuit to focus on 'practical realities' of converting to hand-marked paper ballot system within 3 months...
UPDATE: Court schedules hearing for Sept. 17; rejects defense motions to dismiss...
By Ernest A. Canning on 8/13/2018 10:46am PT  

Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

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

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Trump, Giuliani 'obliterate' the 'collusion' goalposts as Manafort goes on trial...
By Brad Friedman on 7/31/2018 6:59pm PT  

On today's BradCast: Desi and I are back today. (Our thanks to Angie Coiro of In Deep Radio for filling in over the last couple of shows!) And we've got a lot to catch up on today --- including the fact that the crucial midterm elections are now less than 100 days away, and the paper ballots and other materials from the 2016 Presidential election may be destroyed entirely in just over one month, with nobody, to this day, actually knowing for certain who actually won it. [Audio link to show follows below.]

But, first up today, for some reason Donald Trump's lousy personal attorney, Rudy Giuliani, has spent the last few days seemingly making things much worse for his client. Most notably, in addition to suggesting that Trump may have known in advance about the infamous June 2016 Trump Tower meeting between his son, son-in-law, campaign chair Paul Manafort and a team of Russians promising "dirt" on Hillary Clinton, both Giuliani and Trump have now extended their ubiquitous claims of "no collusion" to become "no collusion, but even if there was collusion, that's not illegal."

They are both wrong, however, as we explain today. Collusion --- better known as "conspiracy", in this alleged case, with a foreign power working to influence the 2016 U.S. Presidential election --- would most certainly be unlawful. But why the sudden media offensive by Team Trump on this point, just before the first of two federal trials for Manafort was scheduled to begin today? We discuss.

Then, just over than three months from the crucial 2018 midterm general election, U.S. computerized voting and tabulation systems remain wildly unsecured and virtually impossible for the public to oversee (for the most part) in order to confirm that computer-reported results actually reflect the will of the voters. Today, better late than never, I guess, the Dept. of Homeland Security announced a new cybersecurity task force to help protect against attacks on critical infrastructure such as the power grid, our banking systems and, yes, the election system. But, in announcing the new effort, DHS once again misled the American people by suggesting that no votes were manipulated in the 2016 election. In truth, that point that remains unknown since, as DHS admitted last year, they never actually conducted forensic analyses of voting and tabulation systems --- nor even bothered to count existing hand-marked paper ballots --- to determine if the most startling election result in U.S. history was, in fact, manipulated or accurate.

Moreover, the ballots in question from 2016 (where such hand-marked paper actually exists) may be destroyed as early as September, after the 22-month federal requirement for retention of all election materials --- such as ballots and ballot programming code, etc. --- expires. We call today on citizens and legal organizations --- and the media --- today to file public records request to examine those ballots and/or at least ensure they are retained beyond the September expiry date, since almost none of the ballots cast in 2016 have ever been examined by human beings to determine if they were accurately tallied.

That is true in all 50 states. But nowhere in the U.S. is it more difficult to oversee the accuracy of election results than in Georgia, where Republican Secretary of State Brian Kemp reportedly won his GOP primary runoff for the gubernatorial nomination last week against Lt. Gov. Casey Cagle. As the Atlanta Journal Constitution describes, based on a new study, Cagle's failure to defeat Kemp in the runoff election, after easily placing first in the state's May primary, was the most dramatic runoff collapse in Georgia political history. And the paper doesn't note, though we do, that it was all done on the state's 100% unverifiable Diebold touchscreen voting systems "overseen" by Kemp himself.

Today we're joined by longtime Republican election integrity advocate MARILYN MARKS, Executive Director of the Coalition for Good Governance, to discuss all of the above and, specifically, her group's ongoing lawsuit against Georgia. The complaint demands the state dump their 15-year old, easily manipulated, unverifiable electronic vote-casting system before November, in favor of the state's existing hand-marked paper ballot system long used for absentee voting.

Marks tells me how this can easily be done in time for this year's general election (and in other states as well!), how SoS Kemp has been lying about state law in order to avoid such a switch, and whether or not we have learned any more, since last year, about the mysterious wipe of the state's long-vulnerable election server (and its backup) just days after her lawsuit was originally filed last summer.

On destroying the 2016 ballots, Marks joins our call for folks to file FOIA requests to keep the ballots from being destroyed: "I fear that many election officials in those swing states, that they are standing there over their records with a can of kerosene in one hand and a book of matches in other, just waiting for a month from now. ... People need to understand that there is no requirement that the records be destroyed after 22 months. That is up to each election official in each county. They can retain them as long as they want. They can't destroy them before 22 months, although I fear some of them have. But even if local citizens can convince their election official not to destroy them, even that is progress."

On the claim by the Trump Administration that results were not manipulated in 2016: "I have never have any confidence in that. That's not to say that I believe that voters were changed, but I don't have any belief one way or the other because there is no evidence. How do these people make this claim when no one has looked, and no one has any evidence one way or the other?"

On what citizens can do in locations where voters are forced to vote on unverifiable touch-screen systems: "Go now --- I mean NOW --- to your local election boards, local board of county commissioners, and demand paper ballots. Because they can get it!"

Much more, must-listen thoughts in our conversation today!

Finally today, the Koch Brothers' Republican political network --- which has spent hundreds of millions each election cycle over the past decade or more, supporting GOP candidates and attacking Democrats --- say they're now having second thoughts about Donald Trump and his toady Republicans in Congress. We explain why you shouldn't believe their crocodile tears of disappointment for a second...

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Alabama's election chief lashes out in advance of midterm primaries, after previously blocking journalists, election law experts on Twitter...
By Brad Friedman on 5/31/2018 6:37pm PT  

On today's BradCast: Just days from Alabama's mid-term primaries next week --- in which Sec. of State John Merrill (R) will be on the ballot himself --- we share a wild, and often inexplicable, string of bizarre emails sent sent to me over the past week by the state's chief election official. [Audio link to show follows below.]

The weird story begins late last year, with the contentious and closely watched December U.S. Senate special election in Alabama between Republican Roy Moore and Democrat Doug Jones. On election night, following the state's computer-tallied results reported a narrow victory for Jones, Merrill inaccurately stated on CNN that "any candidate can ask for a recount and if they pay for it, they can receive a recount."

After UC Irvine's highly-regarded election law expert, Rick Hasen, noted on Twitter that Merrill appeared to be in error, that AL's state election code appeared to allow only candidates in NON-federal races to request and pay for a recount if the margin was larger than 0.5%, Merrill blocked him, rather than correct his own error or cite a different section of the state law to support his assertions. That pattern would be repeated as Merrill blocked other election law experts on Twitter.

Days later, the Secretary of State injected himself into a Twitter exchange I was having with others, to insist, repeatedly and inaccurately that Alabama's computerized paper ballot scanners "do not capture or preserve digital ballot images." In fact, they do, as made clear during a successful state court action just before the election. (My interview at the time with one of the organizers of the lawsuit is here). Merrill, however, was able to have the ruling stayed by the AL Supreme Court the night before the election. (My election day interview, with one of the plaintiff attorneys is here.)

Rather than cite evidence during the, extremely bizarre Twitter conversation [PDF], Merrill ended up blocking me there as well.

All of which brings us to last week, when a federal court in New York determined that public officials --- in that case, the President of the United States --- was in violation of the Constitution's First Amendment for blocking perceived "political opponents" on Twitter. (My interview with one of the plaintiffs in that case is here.)

Before we covered the ruling on a BradCast last week with University of Kentucky College of Law constitutional expert Joshua A. Douglas, who had also been blocked by Merrill (my interview with him on that earlier last year is here), I sought comment from the Secretary as to whether he intended to restore those he'd blocked, given the federal court ruling.

The subsequent string of bizarre emails [PDF] and phone calls I then received from the state's top election official is remarkable, and we share those on today's show, in the interest of Alabama voters who head to the polls next week.

In addition to steadfastly refusing to unblock the election law experts and journalists he's blocked on Twitter, Merrill unleashes a number of unhinged and often inexplicable rants in response to polite queries about both the Twitter blocks and whether Merrill has asked county election officials to set their vote tabulation computers to preserve scanned ballot images in the upcoming primary, in order to make public oversight of results somewhat easier.

At several points, Merrill's Deputy Chief of Staff and Communications Director John Bennett attempted to intercede via both email and phone. As I explain on the show today, the call from Bennett was very pleasant and he seemed to me, in truth, somewhat embarrassed by his boss' behavior. But he promised to get back to me after looking into both the Twitter ruling and the issue of Alabama's ES&S computer tabulation systems capturing digital ballot images. A note he sent shortly thereafter confirmed that they do. (See the PDF linked above for details.)

But, then Merrill blew things up again, with another string of emailed rants. Among the odd attacks from the emails in which the first term Sec. of State describes himself as "a nationally recognized expert in the field of elections", Merrill charges that I have a "problem...bigger than one that I have the ability to solve" (but refuses to specify what that "problem" might be), that I live with my mother (I don't), "has absolutely no idea what [I'm] talking about" (despite some 15 years of covering elections and voting systems as a journalist), and should try to "get a job with an elections program system" so I can "contribute to the discussion as an expert in the field". That's just a taste.

As noted today, I didn't even want to cover this at all, in truth, because it's largely just embarrassing for Merrill. But when I realized he was actually on the ballot next week, it seemed this was information that voters in Alabama deserved to know before making their decision. For the record, Merrill is being challenged in the Republican primary by Michael Johnson. On the Democratic side, two candidates, Heather Milam and Lula Albert-Kaigler. (She ran unsuccessfully against Merrill in 2014, though I can't find an official campaign website for her now.)

Also today: A new book by a longtime senior adviser to President Obama reportedly reveals that he feared sanctions against Russia before the 2016 election might have resulted in hacked computer tabulation systems (despite public assertions by the Administration before and after that Presidential results could not be easily manipulated by foreign attack), and election officials in a number of states are now reportedly very concerned about hacking --- or the perception that results were tampered with --- in advance of the crucial 2018 midterm elections (just as we've been warning, non-stop, for more than a decade.)

Finally, Desi Doyen joins us for the latest Green News Report, as climate change wreaks havoc with a number of deadly storms over the Memorial Day weekend...

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The Young Turks' founder talks media failure, political dysfunction, Roseanne and Democratic 'chaos' in CA's upcoming mid-term primaries...
By Brad Friedman on 5/30/2018 6:08pm PT  

On today's BradCast, we're joined by our old friend CENK UYGUR, host and founder of the wildly popular online news outlet, The Young Turks and the entire TYTNetwork. [Audio link follows below.]

We have a wide-ranging conversation on a host of important topics, beginning with the chaotic mid-term primaries coming up next Tuesday in California, where, for example, 32 candidates, from all parties, are vying in the same race for the top two slots to go on to the November general election in the fight for longtime Democratic U.S. Senator Dianne Feinstein's seat.

Of even greater concern to Democrats hoping to win back one or both chambers of Congress, are seven Republican U.S. House seats thought to be flippable in the Golden State this year. However, thanks to the state's "Top Two" primary system and a glut of Democrats on the ballot, the progressive vote could be split in a number of those races, resulting in no Democrats qualifying for the November ballot at all in several of those contests next week.

Uygur discusses the pros and cons of California's strange primary system and much more, including how both corporate and independent media ought to be covering the "insanity" of Donald Trump, who he describes as "the monster in office...on fascism's doorstep".

The corporate media, he argues, "are afraid of offending Republican viewers. Their business imperative to not lose a certain percentage of their audience is coloring how they cover the truth of the matter. In reality, they should go out there and do what we do, and say: 'If you believe this, you are nuts. It's not remotely true.' But they're afraid they are going to turn off 30% of the country, and lose advertising dollars."

"We are a news outlet that is proudly activist," he tells me when I ask whether TYT is a political organization. "The rest of mainstream news and corporate news say 'Hey, relax, don't do anything. Do the news, but don't care about it, don't try to fix anything! Fixing anything is bad!' And we don't agree with that. We think that you can present the news and say, 'Now here's what you can do to fix it.'"

As to independent outlets, he charges, "we're not emphasizing enough that the President of the United States is a combination of mentally unhealthy, certainly unstable, incredibly dumb and, most importantly, fascist."

We also talk about the continuing internecine battle between the progressive and establishment wings of the Democratic Party, whether they can and will and should come together this November, and we even chat a bit about the sad story of Roseanne Barr who, Ugyur believes, "similar to Kanye West, similar to Glenn Beck, similar to Alex Jones...all have mental health problems."

Uygur, who is also a founder of Wolf-PAC (fighting to get all money out of politics), and a former founding member of Justice Democrats (fighting to put progressive Democrats into office), also makes the case for a number of progressive U.S. House and Senate candidates in California endorsed by one or both of those groups.

Also on today's show: While the economy is supposedly doing great, according to Donald Trump and the GOP, wages are failing to rise commensurately, even after the massive tax cuts passed last year, largely for the wealthy and corporations. Now why would that be? And, some encouraging news today out of Virginia, which is poised to finally expand Medicaid under the Affordable Care Act ("ObamaCare") to some 400,000 residents, thanks to voters who turned out last November to flip enough seats in the state legislature from "red" to "blue" to finally assure health care to hundreds of thousands in the state. And, finally today, a bit more good news for Democrats, as new polling finds a majority of young voters plan to turn out to vote in this year's mid-terms, and they are far less Republicans than the population at large...

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By Brad Friedman on 5/14/2018 6:02pm PT  

On today's BradCast, Desi and I are back! But you should tune in anyway! [Audio link to show follows below.]

My great thanks to Angie Coiro of In Deep Radio for filling in for us last week!

Among the stories covered on today's program, as we try to get back up to speed...

  • More than 2,000 were reportedly wounded and over 50 killed as Israel opened fire on protesters in Gaza today during the "festive" opening ceremony for the controversial U.S. embassy Donald Trump moved from Tel Aviv to Jerusalem. Much of the Muslim and Arab world condemned the attacks on the unarmed Palestinian protesters, but so so did the European Union, the United Nations, Russia and many others.
  • Back in the U.S., a new analysis from Washington Post finds that an administrative error led to at least 26 Democratic leaning voters being assigned to the wrong legislative district during last November's House of Delegates election in Virginia. The race in Newport News between Democrat Shelly Simonds and Republican David Yancey in HD-94, was judged to be a tie after a "recount", which was subsequently broken by a random drawing giving the seat to Yancey and allowing the GOP to retain control of the House. That failure, and similarly mis-assigned voters in yet another highly gerrymandered district in Fredericksburg, prevented what should, in retrospect, have been a Democratic takeover of the state's House in 2017 amidst a "Blue Wave" that otherwise managed to flip 15 seats from R to D.
  • Also today, a new report on what was reportedly a foreign-sourced cyberattack on Election Night two weeks ago in Knox County, Tennessee is troubling on a number of levels, though not necessary the one being reported by some media outlets citing a Ukrainian IP address used in the denial of service attack which was also sourced to countries on every continent except for Antarctica. We discuss what is known and still isn't, following the attack which took down the web-based election night results page for an hour after the close of polls two weeks ago, including one race said to have been decided by just 17 votes on the county's 100% unverifiable Direct Recording Electronic voting systems...

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Guest-host Angie Coiro with guests Marcy Wheeler, Jed Shugerman, Beth Becker, Deborah Rhode...
By Angie Coiro on 5/9/2018 6:45pm PT  

On today's BradCast, I'm sitting in for Brad again on a very, very busy news day. Strap in!

Top of the hour we swing right into a conversation about Gina Haspel's Senate Intelligence Committee Hearing. Her best qualification to head the CIA might be her complete refusal to share any real information with anyone - including something as simple as whether she's met alone with Donald Trump. Marcy Wheeler of Emptywheel is back on the BradCast, with her impressions from watching the hearing, and a lot of questions that didn't get asked - at least, in the short window between the first question and the doors closing for private interrogation.

We're running out of people who haven't given money to Michael Cohen. Add to previous lists AT&T, Novartis, and one of Vladimir Putin's close (and apparently quite dangerous) buddies. AT&T says it paid not for access, but to "learn how Trump's mind works" (note the "how" - "whether" didn't come up, apparently). Legal scholar Jed Shugerman, who blogs at Shugerblog, puts these new revelations into the long Russia/Trump timeline and says - while that elusive smoking gun isn't flashing on the horizon yet - collusion charges seem a little bit closer.

Digital strategist Beth Becker reads the tea leaves from this week's elections, to see what we can glean for the next go-round. She has a dismaying but all too likely prediction: some very good, highly qualified liberal candidate will have to go down in flames before the center-to-Left Americans will finally see the value in unifying. In other words, the Bernie Bros and Crooked Hillary contingents need to stand down and deal. She has a great albeit tentative prediction for Hillary, though. Beth conducts digital strategy bootcamps around the country. You can check out the next dates here.

Finally, something a bit bigger picture: whither ethics in the morass of politicians for sale, corporate lies, candidate lies, voter interference - where do we learn honesty? How? Who gets it and who doesn't? The show wraps up with excerpts from discussion all about honesty in America, featuring Stanford's Deborah Rhode. You can hear the whole one hour panel at website for my show, In Deep with Angie Coiro.

Download MP3 or listen online below...

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Guests: AUDIT USA election expert John Brakey, attorney Chris Sautter...
By Brad Friedman on 5/3/2018 6:30pm PT  

On today's BradCast: Rudy Giuliani works his magic as he settles in as the newest attorney on Donald Trump's personal legal defense team --- and it appears to have exploded spectacularly. And Ohio's Sec. of State and two largest counties are slapped with an election transparency lawsuit just days before next Tuesday's primary in the Buckeye State. [Audio link to show is posted below.]

First up: On Wednesday night, the former NYC Mayor stunned Sean Hannity of Fox "News" when he told him on air that Trump reimbursed his embattled "fixer" and personal lawyer Michael Cohen for the $130,000 in hush money paid to Stormy Daniels just days before the 2016 Presidential election. The payment, which Trump had long denied making himself, was meant to cover up an alleged affair Trump had with the porn star. Then, on Thursday morning, Giuliani dug the hole deeper by making clear, once again on Fox "News", that the payment was meant to protect Trump's candidacy.

All of which means that Trump is likely in even more --- and perhaps even criminal --- trouble, regarding serious campaign finance violations which Giuliani seems to have thought he was helping Trump avoid. We discuss and try to clarify the President's newly revealed legal peril on that front today, even as Trump (or his attorneys) took to Twitter to reverse his own previous denials by admitting that he did, in fact, reimburse Cohen for the payments to Daniels.

As Politico's Jack Shafer wryly tweeted today: "Having Giuliani in the mix is almost like having a second Trump."

Then, as we try to stay focused amidst all the noise, we're joined by election transparency expert JOHN BRAKEY and longtime election attorney CHRIS SAUTTER, both of Americans United for Democracy, Integrity and Transparency in Elections (AUDIT USA) about their lawsuit just filed in Ohio in advance of the state's 2018 mid-term primary next Tuesday.

The suit echoes a similar one filed last December in Alabama before that state's much-watched U.S. Senate Special Election between Democrat Doug Jones and Republican Roy Moore. (That suit was successful in a lower court, before the state's woeful Sec. of State John Merrill convinced their Supreme Court to stay the ruling at the last minute.) The new complaint seeks to force Ohio's Secretary of State Jon Husted and its two most-populous counties, Cuyahoga (Cleveland) and Franklin (Columbus), to retain digital ballot images created by the counties' computer scanners as hand-marked paper ballots are initially scanned during tabulation.

Those images, as Brakey explains, allow the public to safely examine the accuracy of election results without disturbing the original paper ballots and, according to Sautter (and several court rulings in other states), complies with federal election law requiring the retention of all election materials for 22 months after federal elections.

The pair detail why preventing the destruction of the images in question is at the center of the multi-partisan suit filed in Ohio, and why they plan to continue pressing election officials in Ohio and in many other states and counties around the country to ensure that digital ballot scanners are set to retain all such images for public oversight after Election Day.

Finally, Desi Doyen joins us for the latest Green News Report with still more bad news for corrupt EPA chief Scott Pruitt and for the planet itself, but also with a bit of good news for NYC, Hawaii, and even one of China's major cities...

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An entire new decade of government control hangs in the balance...
By Ernest A. Canning on 2/26/2018 11:23am PT  

Don't get me wrong. The bold move by the Pennsylvania Supreme Court in adopting a Congressional map that, according to an analysis cited by the Wall Street Journal, could see PA Democrats picking up as many as six Congressional House seats now held by Republicans, bodes well for those of us who value small "d" democracy and the rule of law.

So does the recent mind-boggling 85-point swing from "red to blue" in Kentucky, where Democrat Linda Belcher, in a Special Election, defeated her Republican opponent by 36 points in a state House district that Donald Trump carried by 49 points in 2016.

There are multiple indices of a public revulsion in response to Republican overreach that is much greater than that displayed in 2008 when Democrats rode a "Blue Wave" to victories that placed them in control of the White House, the U.S. Senate and the House of Representatives.

Last year, polls revealed as little as 12% support amongst the American electorate for Republican efforts to repeal and replace Obamacare. Another poll revealed that only 24% of Americans supported the GOP tax cut measure. (Though more recent polling suggests it's growing in popularity.) This year, a Quinnipiac poll, taken in the wake of the massacre at a Parkland, Florida high school, suggests that 2/3 of Americans have finally lost their patience with NRA-funded Republicans and their feckless "thoughts and prayers".

These surveys suggest a likelihood that Democrats in 2018 can recapture a majority in the U.S. House and potentially even the U.S. Senate --- a result that is critical to fending off the threat to democracy, political and economic equality and the rule of law now posed by the Trump/GOP oligarchic/kleptocratic agenda.

But a number of recent court rulings on extreme partisan gerrymandering reveal that the 2020 election will ultimately be of far greater significance than 2018, and not simply because it will be a Presidential election year…

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Trump chickens out; WI and AL block elections; More embarrassment for KS; Help for sharks; And a perfect gift for the First Family...
By Brad Friedman on 1/26/2018 6:13pm PT  

After yet another exhausting and harrowing week in Donald Trump's America, as the Doomsday Clock inches closer to midnight, we try to lighten things up a bit, at least comparatively, on today's BradCast --- even if it's not always easy. [Audio link to show follows below.]

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

  • A few words about Donald Trump's reported attempt to fire Special Counsel Robert Mueller last June before chickening out, which the President describes today as "fake news";
  • Republicans are now, literally, trying to block democracy by preventing elections from happening at all. Gov. Scott Walker in Wisconsin and the GOP-controlled Alabama state legislature provide just the two latest examples;
  • Kansas' failed Governor Sam Brownback has, apparently, failed up, with an appointment by the Trump Administration, confirmed this past week by the U.S. Senate, after Vice President Mike Pence was brought in to break the tie vote in Brownback's favor;
  • Speaking of failures in the state of Kansas, their Secretary of State Kris Kobach, a long-time GOP "voter fraud" fraudster and now candidate for Governor, enjoys still more shame and ignominy this week, as it was discovered that he exposed private information, including the last four digits of social security numbers for thousands of state officials and employees --- including his own! --- on an unprotected Internet page;
  • The Guggenheim Museum declines to loan a valuable Vincent van Gogh painting to Donald and Melania Trump for use in their White House residence, but offers a solid gold alternative that seems perfect for the first family;
  • And, speaking of the first family, Trump's recently reported hatred of sharks --- revealed by adult film actress Stormy Daniels in the wake of revelations of her alleged affair with Donald Trump and $130,000 hush-money payoff just before the 2016 election --- has resulted in an outpouring of donations to shark charities across the nation and the world! See? Donald Trump can do some good in this world after all!

Finally, speaking of donations, as we celebrate The BRAD BLOG's 14th Anniversary this week (thanks to those who have stopped by BradBlog.com/Donate), a plea to support ALL independent progressive media, including whatever station or outlet you may use to enjoy listening to The BradCast every day!...

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Guest: Mike Liszewski of Drug Policy Alliance; Also: Goodbye, Chris Christie and other encouraging news from the states...
By Brad Friedman on 1/16/2018 5:39pm PT  

On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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DACA scheme blocked; Off-shore drilling reversed; CA's latest disaster; VA's gamed elections; NC's gamed Congressional maps; much more...
By Brad Friedman on 1/10/2018 6:21pm PT  

On today's BradCast, we do our best to try and make some sense of the utter chaos, havoc and non-stop breaking news plaguing the nation over the past 24 hours. Wish us luck! [Audio link to show follows below.]

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

  • Late updates on the devastating mud-flows that have, so far, resulted in the deaths of 17 in Southern California's Santa Barbara County, just north of Los Angeles, following a massive rainfall this week in the area just burned by the largest fire in state history;
  • A federal judge has temporarily blocked Donald Trump's attempt to lift the DACA program, which has protected some 800,000 children of immigrants who came here with their parents through no fault of their own;
  • Just days after announcing their intention to open 90% of U.S. coastline to off-shore drilling, Trump's Dept. of Interior chief Ryan Zinke reverses course, but only for the state of Florida, in what appears to be a political (and unlawful) favor to Florida's Governor Rick Scott, who Trump is supporting in a run for the U.S. Senate;

In election and voting news today...

  • Just minutes before Virginia's House of Delegates convened its new legislative session today, Democrat Shelly Simonds conceded her 94th District race against Republican David Yancey without seeking the second "recount" she is entitled to by state law. The first "recount" resulted in a declared "tie" vote and a random drawing, following a very questionable ballot [JPG] counted for the Republican after the initial "recount" had handed the victory to Simonds by a single vote. (She could still ask for a recount as late as the 17th, if she and the Democratic Party wise up and changes their minds. Republicans absolutely would have demanded such a count had the random drawing gone the other way. They would also have prevented her from being seated until that count was completed. Moreover, I share some disturbing comments from a conversation about all of this with the Voter Registrar who oversaw the election in Newport News, VA.)
  • In the 28th District race for Virginia's House, an appeals court denied the Democrats emergency motion for a new election today, after the Republican was declared the winner by 73 votes even though 147 voters were given the wrong ballot on Election Day last November. (With both of those Dems out, the GOP majority in the VA House has shrunk from 66-34 last session, to just 51-49 as of today, despite Democrats winning 55% of the vote statewide in the Republican gerrymandered state);
  • In North Carolina, a federal court panel issued a landmark and blistering ruling on Tuesday night, finding state Republicans had blatantly gerrymandered the swing-state's U.S. House Districts on a partisan bases to ensure a 10 to 3 majority for themselves, in what the panel found to be a violation of the Constitution's Equal Protection Clause. The court ordered new Congressional maps to be drawn up immediately, in the next two weeks, in time for the 2018 primaries. But Republicans vow to appeal the ruling to the U.S. Supreme Court, which is currently deciding a separate but very similar case on partisan gerrymandering of state legislative districts by Wisconsin Republicans.
  • And today, a divided (and stolen by the GOP) U.S. Supreme Court heard oral argument in a case challenging Ohio Secretary of State John Husted's scheme to purge voter rolls after voters have gone just two years without voting in a federal election, in what Democrats and voting rights advocates argue is a violation of the National Voter Registration Act (NVRA).

Finally today...

  • Trump's Energy Secretary and former Texas Governor Rick Perry sees his scheme to extend the life of coal and nuclear plants under the false guise of "grid resiliency" go up in smoke after all of the appointees on the Federal Energy Regulatory Commission (FERC), most of whom were appointed by Trump, unanimously reject the plan, which was seen as a payoff to a coal baron benefactor of both Perry and Trump. A former Trump Campaign official, however, sees a far more insidious (and laughable) conspiracy.

What. A. Mess. Enjoy!...

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All of that and more evidence of wheels coming off everywhere...
By Brad Friedman on 1/4/2018 6:03pm PT  

On today's BradCast: The wheels seem to be coming off everywhere. That's both good and bad news. [Audio link to show follows below.]

We start here: After a two month back and forth since the November 2017 off-year elections in Virginia, it appears that Republicans will retain --- if just barely --- their majority control of the Virginia House of Delegates (for now) following a random drawing out of a bowl in Richmond today resulted in Republican David Yancey being named the winner over Democrat Shelly Simonds.

That, despite a "recount" in the 94th District race finding the Democrat had won, until a Republican observer changed his mind and a Republican Circuit Court panel of judges agreed with him. That was followed by a rejected court challenge by the Democrat, today's random drawing to determine the winner of that court-declared tie, a likely second "recount" to come in the same race, a court challenge to a separate very close race in the 28th district decided by 73 votes with at least 147 voters receiving the wrong ballot entirely, and Democrats across the obscenely gerrymandered state having out-voted Republicans by a "landslide" 10% margin in the November 7, 2017 elections.

We detail all of that today --- including my brief, if telling, email conversation with the election official in the city of Newport News who supposedly oversaw the race in the 94th district. And, for the record, here is a JPG of the one single ballot in question which led to the current tie.

Then, in other election related news, we move on to Donald Trump's monumentally failed "voter fraud" Commission, disastrously helmed by longtime GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. The Commission, created after Trump's evidence-free assertions that millions of unlawful votes were cast against him in 2016, has been besieged with lawsuits against it, including by one of its own Commissioners. But there may be another reason that Trump suddenly, and without notice to anyone, disbanded it entirely by Executive Order on Wednesday evening: he got mad at Steve Bannon. Democrats and voting rights advocates are rejoicing after the news, but will the dissolution of the Commission result in even more concerns for advocates of free and fair elections?

Speaking of which, heads up! Trump's Dept. of Justice appears to have a new idea for how to game the 2020 Census (which is also an election-related issue).

Finally, Desi Doyen joins us for a bone-chilling first Green News Report of the new year, as a dangerous blast from the melting Arctic slams much of the country, the Trump Administration guts even more environmental and safety regulations over the holiday weekend when few were noticing, before announcing a new disturbing scheme today to open up 90 percent of nation's off-shore oil reserves to new commercial drilling.

The wheels seem to be coming off both the world and the Trump Administration. We'll hope for the latter in time to prevent the former...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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