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Latest Featured Reports | Friday, May 27, 2022
'This is the Hiroshima of Botched Elections':
'BradCast' 5/26/2022
Guest: Election Integrity activist Sherry Healy on Clackamas County, OR's primary election boondoggle; Also: Abbott slashed mental health care in TX; Trump loses again in NY...
'Green News Report' 5/26/22
  w/ Brad & Desi
NOAA warning at start of hurricane season; ExxonMobil to face climate fraud trial; PLUS: Biden EPA moves to permanently block Alaska's controversial Pebble Mine...
Recent GNRs: 5/24/22 - 5/19/22 - Archives...
'It Wasn't Always This Way': Accountability for Latest TX Massacre: 'BradCast' 5/25/22
How the Uvalde shooting came to happen, who must be held accountable, and what must come next; Also: Tuesday's midterm primary results from AL, AR, GA and TX...
Massive Election Fraud Scandal Rocks MI GOP's Gubernatorial Primary: 'BradCast' 5/24/22
68K forged sigs from 5 of 10 Guv candidates; Also: GA website stopped voter registrations...
'Green News Report' 5/24/22
  w/ Brad & Desi
Big win for climate in Australia elections; Global warming making heat waves worse, more likely; EV sales nearly double; PLUS: Grid regulator warns of summer U.S. blackouts...
Recent GNRs: 5/19/22 - 5/17/22 - Archives...
CA Dems Moving Dangerous Internet Voting Scheme Through State Legislature!: 'BradCast' 5/23/2022
Guest: Dr. David Jefferson; Also: Biden on Taiwan; 'Ashamed' Russian diplomat resigns...
Sunday 'The Replacements' Toons
It's PDiddie's latest irreplacable collection of the week's best toons!...
Longtime Election Observers Barred from Wake County, NC Count, Threatened with Arrest: 'BradCast' 5/20/22
Guests: Lynn Bernstein, John Brakey; Also: GA officials debunk 2000 Mules vote fraud claims...
GOP Sen. Candidates Used 'Replacement' Rhetoric of NY White Supremacist Shooter: 'BradCast' 5/19/22
Also: Cruz TX disbarment sought for 2020 steal effort; Young voters eager for 2022; MORE...
'Green News Report' 5/19/22
  w/ Brad & Desi
New U.N. climate change warning; Fossil fuel air pollution kills 50,000 per year in U.S.; Bloomberg's new clean air initiative; PLUS: Wildfires force national forest closures...
Recent GNRs: 5/17/22 - 5/12/22 - Archives...
Did GOP Election Officials Facilitate Vote Software Theft in GA?: 'BradCast' 5/18/22
'The system has been breached' says Marilyn Marks; Also: Primary results in NC, KY, OR, ID, PA...
'Widespread' Primary Day Vote System Failures in PA Counties: 'BradCast' 5/17/22
Also: Biden in Buffalo condemns racist lies spread 'for power, political gain and profit'...
'Green News Report' 5/17/22
U.S. wildfire risk doubling over next 30 years; Russia's energy and now food war; California hits 100% renewable electricity, as Texas struggles to keep the lights on...
'A Movement Not a Moment': Rev. Barber Says 'Consistency' Needed to Restore America: 'BradCast' 5/17/22
Guests: Rev. Dr. William J. Barber; Kenia Alcocer of CA Poor People's Campaign...
Sunday 'Undesirable Outcomes' Toons
You can chalk up PDiddie's latest weekly toon collection to the rightwing radicalism still unmooring our nation from facts and reality...
Attempted Stolen Election, Stolen Docs, and Murder: 'BradCast' 5/12/22
McCarthy's J6 subpoena; Trump's new fed grand jury; Eastman advised 2020 PA election theft; Trump, meat-packers collusion; DeSantis FL gerrymander nixed...
'Green News Report' 5/12/22
Great Barrier Reef bleaching again; Global warming and new diseases; Interior cancels offshore lease sales; PLUS: AZ, CA move to enact more severe drought restrictions...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Cruz TX disbarment sought for 2020 steal efforts; GOP Sen. booed in WY; Young voters eager for 2022; Record majority for abortion rights...
By Brad Friedman on 5/19/2022 7:19pm PT  

What's the difference between a white supremacist mass murderer in Buffalo, NY and a GOP candidate for the U.S. Senate? Well, in terms of their racist rhetoric not a heck of a lot, it seems. That and many more reasons to both pay close attention and be skeptical of "conventional wisdom" regarding this November's critical midterm elections on today's BradCast, as American Democracy v. Violent Strongman Authoritarianism is most definitely on the ballot in every state this year. [Audio link to full show follows this summary.]

Among the stories underscoring all of that on today's program...

  • A number of the attorneys who helped Donald Trump try to steal the 2020 election have had their law licenses suspended or are facing permanent disbarment. One attorney who has yet to be held accountable in any way, however, is Sen. Ted Cruz, who volunteered to represent Trump in two different bogus election challenges before the U.S. Supreme Court; knowingly spread false claims of fraud; and then voted against certification of Joe Biden's Electoral College victory even after Trump's deadly insurrection at the U.S. Capitol. A bipartisan group is now hoping to change that. This week, they filed a complaint with the State Bar of Texas, seeking an investigation into possible disbarment for the sleazy Texas Senator/still-licensed attorney.
  • Speaking of sleazy still-licensed Texas attorneys, the state's chief law enforcement officer, Attorney General Ken Paxton now says he has been sued by the Texas State Bar for misconduct. Paxton has already been charged with several securities fraud felonies; is being investigated by the FBI for abuse of power and bribery after a federal criminal complaint by eight of his top former deputies; and brought a laughable case to the U.S. Supreme Court seeking to toss the 2020 election results in four states that were not Texas. It is for his help in trying to steal the election for Trump at SCOTUS that has resulted in the state Bar's lawsuit against him. Paxton is running for re-election anyway. On Tuesday he's in a runoff election with the state's Land Commissioner George P. Bush (the very Trumpy son of Jeb and nephew of the guy who made "one of the biggest Freudian slips of all time" at Southern Methodist University yesterday.) No sooner did Paxton get sued by the state bar then he turned around and opened an investigation into the Texas Bar Foundation for "facilitating mass influx of illegal aliens" --- ya know, the stuff that racist "great replacement" conspiracy theories are made of.
  • And speaking of the racist "great replacement" conspiracy theory, as repeatedly cited by the white supremacist domestic terrorist who murdered 10 and wounded 3 others in a Buffalo supermarket in a predominantly black neighborhood last weekend, a whole bunch of Republicans running for the U.S. Senate this year have been using nearly identical rhetoric to that racist murderer for a very long time. The once-fringe, now mainstream rightwing theory claims that Democrats are hoping to replace white American voters with immigrants, Jews and people of color to control the electorate with one-party rule. Or something. And, in the wake of Trump's embrace of white nationalism as President, AP highlighted a bevvy of mainstream GOP Senate candidates this year --- either running for reelection or for the party's nomination --- whose rhetoric on immigration directly echoes the same baseless, racist fear-mongering. Their list includes Blake Masters in Arizona; A.G. Eric Schmitt and disgraced former Gov. Eric Greitens in Missouri; GOP Senate nominee J.D. Vance in Ohio; and two-term U.S. Senator Ron Johnson of Wisconsin. The full list of elected and hopeful GOP officials who also espouse rhetoric shared by rightwing domestic terrorists is obviously much, much longer.
  • And speaking of domestic terrorists, the U.S. House passed the Domestic Terrorism Prevention Act (again) on Wednesday. All Democrats voted for it. Every Republican, except for retiring Illinois Rep. Adam Kinzinger, voted against it. Democrats vow to bring it up in the Senate next week. It may be a heavy lift over the undemocratic 60-vote filibuster threshold in the upper chamber. Too bad it wasn't called the Domestic Terrorism by Non-White People Prevention Act. It might have easily passed in both chambers, as most legislation related to terrorism that doesn't target white supremacists tends to.
  • And, speaking of extremism, on Thursday, the Oklahoma legislature passed a new law that, if signed by the Governor, would ban nearly all abortions starting at fertilization, which would make it the nation's strictest abortion law. It would also, in turn, make certain forms of birth control --- like IUDs, The Bill, Plan B, which don't necessarily prevent fertilization, but prevent implantation of a fertilized egg --- a form of "abortion" or, in Oklahoma, a homicide. More Republican-controlled states are likely to follow suit, despite the vast majority of Americans who support abortion rights. Please keep all of this in mind in November.
  • And, speaking of this November, polling last month from the Harvard Youth Poll suggests --- contrary to "conventional wisdom" --- that young voters are very eager to vote this year. The number who say they are "definitely" voting in the 2022 election is almost identical to the number who said same before the 2018 "blue wave" election. That could be good news for Democrats. Again, please ignore "conventional wisdom" in these decidedly unconventional times.
  • And, speaking of young people, even in deep "red" Wyoming, they don't dig attacks on LGBTQ+ people --- yes, even trans people --- as the state's U.S. Senator Cynthia Lummis found out the embarrassing way during a commencement address she gave over the weekend at the University of Wyoming. It took a while, but now she "apologizes" if she offended anyone with her remarks that were broadly booed during the speech at the school once attended by Matthew Shepard, the young gay man who was brutally beaten and left to die on a fence nearly 25 years ago. He became one of the namesakes of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
  • And, speaking of civil rights for all --- and of keeping Big Government and the GOP's stolen and packed Supreme Court out of our bedrooms and doctor's offices --- support for abortion rights has reached a record high in a new NBC News poll following the leak of SCOTUS' draft opinion overturning Roe v. Wade and its 50 years of protection for reproductive rights. The poll also finds support for same-sex marriage (perhaps next on the chopping block after Roe's Constitutionally established right to privacy is killed) at an all time high, while approval for the High Court is at an all time, 30-year low in this particular poll.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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'The system has been breached' says guest Marilyn Marks of Coalition for Good Governance; Also: Primary results from NC, KY, OR, ID, PA...
By Brad Friedman on 5/18/2022 6:30pm PT  

We've got an amazing --- and chilling --- story for you on today's BradCast, about what has turned into a wave of proprietary voting system software theft in several key swing-states since Trump pretended the election was stolen in 2020. But the most disturbing part is that many of these thefts having been carried out by or with the help of actual elected GOP election officials in several states! And there is one in particular, in Georgia, which has just come to light which we focus on today, because our quick-thinking guest actually recorded a damning phone call she received from someone who claims to have been a part of that scheme. [Audio link to full show is posted below this summary.]

Before we get there today, however, we've got a very (too) quick round-up of results from Tuesday's primary elections in North Carolina, Kentucky, Oregon, Idaho and Pennsylvania, and some news on several of them that you may not have heard elsewhere. Among the most noteworthy of those races...

  • The loss of North Carolina's insurrectionist U.S. House Rep. Madison Cawthorn in his GOP primary, and what will now happen to the federal court case regarding Free Speech for People's challenge to his eligibility to run at all under the U.S. Constitution's "Insurrectionist Disqualification Clause." We've been covering that story closely in recent months and we've got comment today from the group's President on what may happen now in the federal case.
  • News on several apparent wins by progressive candidates for the U.S. House in PA and OR, including one that is set to result in the defeat of an incumbent establishment-backed Democratic Congressman and the other likely headed to a recount.
  • The good news for Democrats in the contest for PA Governor, as far-right Trump-endorsed insurrectionist wingnut state Sen. Doug Mastriano won the GOP nomination to run against state A.G. Josh Shapiro. Suffice to say for now, Republicans are not happy about their nominee.
  • And the critical race to fill the U.S. Senate seat being vacated by Republican Pat Toomey, where progressive Lt. Gov. John Fetterman easily won the Democratic contest and the battle for the Republican nomination is likely headed to a recount between Trump-endorsed celebrity TV doctor Mehmet Oz and pretty-much-just-as-Trumpy former hedge-fund CEO Dave McCormack. Both are now waiting on late arriving mail-in ballots to be tallied in the exceedingly close race, even though Republicans in 2020 argued that late arriving mail-in ballots in the Keystone State were all illegal and should have been tossed out. Not anymore, apparently. (And we wonder how long it'll be before they notice yesterday's BradCast rounding up several Republican-leaning counties where voters were turned away for hours after polls opened, thanks to voting system failures.)

THEN, it's on to the remarkable story of GOP election insiders in critical swing-states such as Michigan, Colorado, Ohio and Georgia, who, following the 2020 election, conspired with a cabal of election denying Team Trumpers to breach secure facilities in elections offices. They made illegal image copies of hard drives from key voting system computers containing sensitive, proprietary software and voter databases in at least 8 counties across the country...for some reason.

Part of this story is newly revealed evidence about one such a case in Coffee County, Georgia, which includes a damning recorded phone call received by our guest today, MARILYN MARKS of the Coalition for Good Governance. The caller admits to an elaborate scheme to copy and analyze hard drive data from the county that Trump is said to have won by about 40 points. He also told Marks that he hacked into her legislative filings in her long-running lawsuit against the state, which seeks to replace Georgia's unverifiable touchscreen voting systems with simple, verifiable hand-marked paper ballots.

You'll need to tune in for the full details on this story. It's broad and, at times, complicated. And, yes, we share some of the disturbing audio from that phone call to Marks from an Atlanta bail bondsman by the name of Scott Hall who brags about chartering a jet to Coffee County with a group that "scanned all the equipment, imaged all the hard drives and scanned every single ballot" with "the entire elections committee there" who, he claims on the call, said "we give you the permission. Go for it."

We pull together a bunch of threads from a bunch of investigative news sources (as well as some of our own reporting) on all of this, on the broad scheme carried out by some of Trump's top "Stop the Steal" compatriots and the almost inconceivable lack of apparent investigation --- or worse, cover-up --- by GA's Sec. of State Brad Raffensperger regarding the still mysterious incident in Coffee County.

As noted, you'll need to tune in for the full details, but among the stories and recent detailed investigative reports referenced and/or cited in our coverage today...

  • Mesa County Court Judge Removes Peters as Designated Election Official for the 2022 Election (CO SoS)
  • Trump allies breach U.S. voting systems in search of 2020 fraud ‘evidence’ (Reuters)
  • PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION (Draft Executive Order)
  • Georgia county under scrutiny after claim of post-election breach (Washington Post)
  • Georgia’s Alleged Dominion Voting System Breach (Coalition for Good Governance)
  • Building the "Big Lie": Inside the Creation of Trump’s Stolen Election Myth (ProPublica)
  • The Plot to Overturn the Election (PBS' Frontline and ProPublica)

Among the questions discussed with Marks: What the hell is going on here? Is it a violation of state and/or federal law to make discreet imaged copies of this software? Why was Team Trump doing it in the first place? Is Sec. Raffensperger's office investigating what happened in Coffee County, GA or not (they are offering conflicting statements, including in Marks' legal case challenging the use of the state's Dominion touchscreens)? What kind of threat does all of this pose to elections around the county in 2022 and 2024 in Georgia (their midterm primaries are next week) and in the many other states which use the very same software --- now stolen by these people --- to run their elections?

"Certainly they were violating state and federal laws," Marks tells me. "The difficult part of this is It puts virtually all states that are using the Dominion system --- without doing thorough audits and [using] hand-marked paper ballots --- it puts all of these at risk."

"If what Scott Hall and other have said happened truly happened, then there are people who have unauthorized copies of software off the server and off of all of the components," she explains. "These people can now craft and test malware and how to exploit the vulnerabilities in an election."

Marks believes the initial effort was meant "to try to find evidence or perhaps even fabricate evidence," regarding the 2020 election. But it has since gone far beyond that.

Raffensperger, she says, is offering "nothing but stonewalling" and "is telling different things to different people." She notes there is "no record of opening an investigation" in Coffee. That, as the Secretary's second-in-command, Gabe Sterling, seemed to suggest in a recent court deposition that there WAS an investigation of the server in Coffee, that it was actually quietly seized by the state, but that he "can't remember" the findings from the inquiry.

"There are many mysteries to unfold here. We don't know who has been in the system and how far any malware may have spread if it were implanted." She warns the Secretary's office and state Elections Board "want to hide their heads in the sand despite" the mounds of recent investigative reporting (as linked above) on what is going on here.

"The system has been breached," Marks cautions chillingly, before explaining what must be done now to safeguard our elections --- including from insider election officials who have now put our entire democracy at very serious risk. Even hand-marked paper ballots, she notes, are still tabulated by these same computer systems.

"Remember, the remedy we are seeking [in our suit] is not simply hand-marked paper ballots but hand-marked paper ballots with very thorough audits. IF we get the audits, yeah, there can be hacking but any outcome-changing hack will be detected and can be corrected," Marks argues. "While you can't get rid of the risk, you can remedy that risk."

Again, much more detail on today's show. It's a doozy. Please tune in...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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J6 Comm subpoenas McCarthy, four other Reps; Fed grand jury probes Trump handling of classified docs; Eastman advised how to steal PA's 2020 election; House finds meatpackers colluded with Trump Admin for deadly COVID Exec Order; DeSantis' FL gerrymander nixed by judge...
By Brad Friedman on 5/12/2022 6:55pm PT  

It's another one of those BradCasts where our disgraced former President casts a very long shadow. We've got way too much breaking news, as one accountability story after another broke today. Theoretically, that's a good thing. But you may need to take notes. We've got a lot to cover. [Audio link to full show is posted below this summary.]

Among the stories covered today...

  • First up, after Florida Gov. Ron DeSantis recently overruled his own far-right state legislature's already-gerrymandered new U.S. House map in favor of his own even more extreme gerrymander, a state judge that HE appointed has shut that whole thing down. For now. On Wednesday, Judge J. Layne Smith determined DeSantis' map --- which could give Republicans a 20 to 8 advantage in the their U.S. House delegation --- violates the state Constitution's 2010 Fair Districts Amendment "because it diminishes African Americans' ability to elect the representatives of their choice." Of course, that was the whole point when DeSantis --- who won his race for Governor in 2018 by less than one percentage point --- nixed two black majority districts in the state (one of which was created by the state Supreme Court the last time the map was challenged.) DeSantis believes his own state Constitution violates the U.S. Constitution. (So much for the states' rights he used to pretend to believe in.) So, Florida will now be paying for an appeal to fight for the voter disenfranchisement.
  • The House January 6 Committee on Thursday subpoenaed House Republican Leader Kevin McCarthy, as well as Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona and Mo Brooks of Alabama. The Committee says they each "participated in meetings at the White House" and/or "had direct conversations with President Trump leading up to and during the attack on the Capitol." All five were previously invited to voluntary speak to the Committee. They didn't. Now they are receiving what appear to be unprecedented Congressional subpoenas to members of Congress from the bipartisan panel probing Trump's 2021 insurrection and his attempt to steal the 2020 election.
  • The New York Times is reporting today that federal prosecutors have opened a grand jury probe into whether laws were violated when Trump absconded with 15 boxes full of items and documents --- including some marked as classified national security documents --- when he left the White House for Mar-a-Lago. The items belong to to the American people under the Presidential Records Act, but the larger question is about his treatment of boxes and boxes of classified documents. (Recall he used to pretend to care about such things. In 2016, when running against Hillary Clinton, he called for her to be "locked up" because she lawfully used a private email server and received or forwarded several documents with classified material in them.) A grand jury convened by DoJ would suggest this matter has advanced very quickly.
  • Speaking of grand juries, just a friendly reminder that Fulton County (Atlanta) District Attorney Fanni Willis convened her Special Grand Jury last week on Monday, May 2. She's investigating Trump's conspiracy to steal the 2020 election in Georgia, following his infamous and threatening call to the state's Sec. of State, instructing him to "find" just enough votes to name Trump the winner there. The probe could bring charges any day now (not that we have any insider knowledge) of a criminal conspiracy that includes Trump, his Chief of Staff Mark Meadows, his attorney Rudy Giuliani and even North Carolina Sen. Lindsey Graham, all of whom participated in strong-arming the Sec. of State and other officials to steal the election for Trump who lost the state by about 10,000 votes.
  • Emails unearthed by the Denver Post and reported by Politico this week from Trump's MAGA attorney John Eastman (who spoke at Trump's rally on January 6 and wrote the memos calling for VP Mike Pence to ignore the Electoral College votes to steal the election for Trump), reveal that he also advised a Pennsylvania state legislator how to steal the election for Trump in the state by tossing out legal votes and using absurd pretend math to declare Joe Biden lost, even though he won there by about 85,000 votes. Eastman told PA state Rep. Paul Diamond how Republicans in the legislature could change the results to "provide cover" for choosing Trump electors instead of the ones for Biden who the voters actually elected.
  • Trump's corruption was also deadly for hundreds of thousands when it came to the COVID pandemic. As President Biden marked the passing of one million Americans due to coronavirus at the White House on Thursday, a new report from a House Select Subcommittee finds the nation's meat packing industry hyped "baseless" concerns about shortages and colluded with top Trump Admin officials --- including Meadows, Pence Chief of Staff Marc Short and Agriculture Secretary Sonny Perdue --- to invoked an Executive Order. The order, which the industry drafted, invoked the Defense Production Act to bar state officials from shutting down meatpacking plants during the first year of the pandemic. At least 269 industry workers died, 59,000 were infected, and an estimated 334,000 infections nationwide were tied to meatpacking plants where workers were forced to work in dangerous, close conditions. The industry got their Executive Order from Trump, barring plant shutdowns under the lie that the nation's food supply was at risk. As the Committee's report finds, in fact, the five major companies which comprise the industry in the U.S. saw record profits during the pandemic, and saw pork exports at a three-year high during the first three quarters of 2020 when they sent more than 300% more pork to China than in normal years. There ought to be a lot of criminal charges --- including for homicide --- brought here. We'll see if anyone pays a price for it.
  • Finally, Desi Doyen joins us for our latest Green News Report, as Australia's Great Barrier Reef is hit with yet another climate change-induced mass bleaching event; a new study finds climate change is a key concern regarding the emergence of new viruses and pandemics; new severe drought restrictions are enacted in Arizona and California...but last year, at least, was a very good one for renewable energy across the globe...

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Guest: FSFP's Const'l law expert John Bonifaz with court updates on ballot eligibility challenges to 'insurrectionist' candidates in GA, AZ, NC; Also: Leaked SCOTUS 'Roe' opinion shaking up midterms...
By Brad Friedman on 5/10/2022 7:00pm PT  

I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

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Convicted election fraudster D'Souza makes a pretend documentary on 2020 election fraud; Also: Actual white GOP voter fraud criminal gets no jail time for voting twice; Plus callers!...
By Brad Friedman on 5/9/2022 6:14pm PT  

On today's BradCast: The lengths Donald Trump's supporters will go to to justify his sore loser attempt to steal the 2020 Presidential election is amazing. Now they've got a pretend documentary in hundreds of actual movie theaters which turns out to prove nothing. All of it, naturally, is nonsense. We explain why today. [Audio link to full show follows this summary below.]

Folks on the right were celebrating on social media over the weekend in the wake of the release of a film named (somewhat offensively) 2000 Mules. It was somehow released into more than 250 theaters across the nation last week. The film was made by Rightwing activist Dinesh D'Souza, who pleaded guilty to federal election fraud crimes back in 2014 --- before being pardoned for them by Trump in 2018. That's the guy who has now made a "documentary" claiming millions of votes were stuffed into absentee ballot drop-boxes in swing states to steal the election for Joe Biden in2020. Sounds legit.

The claim is made along with fellow GOP "voter fraud" fraudsters from a long-discredited Texas group named True the Vote. Apparently, the group paid millions to obtain publicly available, anonymized cell phone geolocation data that purportedly shows where cell phones were from October 1 through Election Day in 2020. Using that data, TTV claims in the film that thousands of so-called ballot "mules" were being paid by unnamed non-profit organizations (why didn't they name them?) to collect illegal ballots for Joe Biden and deliver them into ballot drop boxes in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

If all of this sounds absurd, it's because it is. The data can't actually be tied to any voter --- and is only accurate to about 100 feet, according to experts --- meaning that anytime someone drove past a drop box, or walked passed it (the drop-boxes are often placed in high traffic areas) on their way to and from work or something, they are a "mule" for stuffing ballot boxes for Joe Biden! Sorry about that delivery guys and mail men and election workers and students who just happen to walk or drive by each day on their way to classes! You're all now "mules" for Biden!

Who paid all of these "mules"? And how did this conspiracy involving tens of thousands of people stay so quiet without any participants blowing the whistle? And what actual, ya know, evidence do D'Souza and True the Vote have that crimes were actually committed here? Well, that's where it gets a bit dicier. And, by dicier, I mean made up out of whole cloth with no actual proof of anything whatsoever. But they have video of people dropping ballots into those drop-boxes! (Which, of course, is perfectly legal. In most states, folks can delivery ballots of family members and disabled voters, etc. Perhaps that's why the filmmakers thought it wise to blur out the faces of those voters?) There seems to be no actual proof of crimes here, including who supposedly paid these people (or even that anybody was paid at all!)

Still, it was enough to cause easily-duped Rightwingers to become very excited about over the weekend, as the #2000Mules hashtag trended on social media. So today, we debunk the nonsense in some detail with an assist from AP, who finds "gaping holes" in the film's claims, and from Greg Palast, who explains the "belly laughs" provided by the film's "proof" of fraud.

"D’Souza’s charge is mind-blowing. He claims that there are as many 54,000 mules that were organized and paid in at least five big cities. In Fulton County (Atlanta), he tells us 92,670 ballots were stuffed illegally into drop boxes," Palast reports. "That’s astonishing --- because there were only 79,000 ballots cast in drop boxes in Fulton County!"

"And in Detroit, it was worse," he adds. "'Mules' stuffed 226,590 ballots into Detroit area drop boxes --- way more than the total number of all mail-in ballots --- about three times the number of ballots in drop boxes."

Of course, none of these facts kept Trump from holding a fancy premiere screening at his Mar-a-Lago club in Florida and declaring the pretend documentary exposed "great election fraud"! It's all so ridiculously silly, that we'd rather ignore it. But since it's in 270 theaters, brought in a million bucks on its first day, and has a bunch of duped wingnuts declaring they finally have "evidence" that the election was stolen in 2020...it seemed a good idea to help you understand this latest con so you can explain it to your duped friends, families, neighbors and co-workers in turn when they shout "2000 Mules!" at you in the days ahead.

As to actual election fraud (not unlike the type that the filmmaker D'Souza admitted to committing), last week a women in Arizona was sentenced on voter fraud charges after being convicted by the state's Republican Attorney General. She cast two ballots in 2020, one for herself and another for her dead mother. They were both Republicans. And when interviewed by investigators she claimed she didn't do it, but was certain that massive voter fraud was definitely going on and that the criminals who do it should be locked up!

Well, the nice white Republican voter fraudster woman was found guilty and, despite the prosecutors asking for at least 30 days in jail, the judge let the woman, 64-year old, Tracey Kay McKee --- who knew she was violating the law and then lied to officials about it --- off the hook with probation, some fines and community service.

Compare her case to Crystal Mason's --- a black mother of three in Texas --- who had the book thrown at her last year. She was on federally supervised release from jail and was never told she couldn't vote while on release. When she went to her precinct to vote, she was told she was no longer on the rolls. A helpful poll worker directed her to fill out a provisional ballot, which she did. The ballot was never tallied, but Mason was subsequently sentenced to five years in prison last year for attempting to vote while on supervised release when she believed she could do so legally. That'll teach her to be black and to try to vote in this country!

We've got some time for a few quick calls at the end of today's show too. Enjoy!...

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Longtime, very conservative federal judge warns GOP planning to steal 2024; Where the hell is Transnistria and why does it matter in Putin's war?; Biden asks Congress for $33 billion to help arm Ukraine...
By Brad Friedman on 4/28/2022 6:33pm PT  

When we've got to turn to our Green News Report on any given BradCast for some good news, it's probably a fairly grim BradCast, as is the case today. Still, it includes a lot of stuff that you need to know about. [Audio link to full show is posted below this summary.]

First up, a very conservative, well-respected and longtime federal appellate court judge has issued a stark warning about what he describes as "The Republican blueprint to steal the 2024 election." Again, this is from a very conservative Republican-appointed federal judge who then VP Mike Pence turned to for advice before January 6th, 2021 to learn if it would be legal for him to unilaterally reject the 2020 Electoral College results as Team Trump advocated for under a rag-tag opportunistic combination of several arcane and century-old laws and untested Constitutional theories.

In his must-understand opinion piece at CNN, Judge J. Michael Luttig explains why Republicans are now "obsessed about making the 2024 race a referendum on the 'stolen' election of 2020, which even they know was not stolen." But, as Luttig warns, their "objective is not somehow to rescind the 2020 election, as they would have us believe. That's constitutionally impossible. Trump's and the Republicans' far more ambitious objective is to execute successfully in 2024 the very same plan they failed in executing in 2020 and to overturn the 2024 election if Trump or his anointed successor loses again in the next quadrennial contest."

"The last presidential election," he warns, "was a dry run for the next." He goes on to explain what the "independent state legislature" doctrine is and why you should become very aware of its meaning, sooner, rather than later, before its adopted as a legitimate thing by the GOP's stolen and packed U.S. Supreme Court (which Luttig was twice considered for, by the way, by George W. Bush.)

"Forewarned is to be forearmed," Luttig correctly argues. We try to help with both today.

Next, in a similar vein, we discuss what Russia --- now regrouping its forces in the south and east of Ukraine --- may be planning next. If you've heard of a place called "Transnistria" in recent days, and wondered where and what the hell it is, we help explain where that is and why it (may) matter to what happens next in Putin's horrific ongoing attack on its sovereign neighbor.

And, toward that end, at the White House today, President Biden offered remarks to explain his request for $33 billion from Congress to help further arm Ukraine to defend itself against Russia's onslaught and provide much-needed humanitarian aid at the same time. We share his remarks on that, and discuss why the aid is so vitally important right now, as peace talks appear all but stalled out and as Russian media and military are beginning to frame the conflict as an existential "holy war."

Finally, Desi Doyen leads our latest Green News Report, with more on Russia's (ill-considered) gambit to use fossil fuels as a weapon of blackmail against NATO nations; 'unprecedented' water restrictions in Southern California; record-breaking heat in South Asia; and, mercifully, some very good news on Ford's not-a-moment-too-soon unveiling of their new, all-electric, F-150 pickup truck...

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Guest: Redistricting expert, author David Daley; Also: Did you hear Republicans tried to 'unwind' the 2020 Presidential election?...
By Brad Friedman on 4/27/2022 6:43pm PT  

As midterm primary elections begin in earnest next month, today on The BradCast, we catch up with the latest successful attempts by GOP states to undermine their constituents' wishes through new, partisan gerrymanders following the 2020 Census and the Courts which are helping them do so. In the meantime, a Democratic-leaning court in New York today did the opposite, blocking a Dems from gerrymandering in the Empire State. [Audio link to full show follows this summary.]

Before we're joined by our guest to discuss all of that and more today, just a quick kudos to Rebecca Beitsch at The Hill for coming up with a new euphemism --- or, at least, one we haven't seen used yet by the rest of the corporate media --- to report on new evidence documenting the failed Trump/GOP attempt to steal the 2020 Presidential election. It's getting more difficult by the day to do so without using the correct word, "steal", when doing so. Sure, anyone can describe the GOP's attempt to "undermine" or "overturn" or "question the results". But that gets stale after a while. So, congrats to Beitsch for reporting on their attempt to "UNWIND the 2020 election", just to freshen things up! <insert eyeroll emoji here>

Then, we're joined today by redistricting expert and author DAVID DALEY, Senior Fellow at FairVote, to get caught up on a whole bunch of recent court rulings (and outrages) from over the past week or three when it comes to the last minute efforts --- largely by Republican-controlled states --- to game the 2022 midterms (and elections for the next ten years), with outrageously partisan gerrymandering of U.S. House maps.

Daley walks us through a number of such cases, including in several states where, over the past decade, large majorities of voters have adopted ballot initiatives to prevent the very gerrymandering that Republicans appear to be getting away with, nonetheless, in their newly redistricted maps.

In Ohio, the GOP-majority Redistricting Commission has had its new maps rejected four different times in recent weeks by the state's Supreme Court, with the help of its Republican Chief Justice. Despite being ordered by the court to follow the state's Constitution --- which now requires districts that generally reflect the partisan balance of the closely divided, if GOP-leaning state --- Republican Commissioners (which include state Gov. Mike DeWine, whose son sits on the state Supreme Court but refuses to recuse) aren't even trying anymore. With primaries scheduled for next month in the Buckeye State, the Commission is "just not meeting" anymore at all, says Daley. "They're trying to run out the clock so the federal court imposes one of the unconstitutional maps that has already been rejected by Ohio's state Supreme Court."

The state's previous gerrymandered map gave the GOP a 12 to 4 advantage in U.S. House districts. The new ones, repeatedly rejected by the state court, would give them a 13 to 2 advantage, despite the roughly 53-45% partisan split in the 2020 Presidential election and a 2015 mandate from more than 70% of voters rewriting the state Constitution to ensure new maps reflect the statewide partisan makeup.

In Florida, where voters also voted for redistricting reform, things are even more obnoxious and anti-democratic. The GOP-controlled legislature produced a map giving Republicans a 16 to 12 advantage, but it was rejected by Governor and Presidential hopeful Ron DeSantis for his own hand-drawn map that is likely to result in 20 Republican House seats and just 8 Democratic ones. State Republicans "already produced a pretty good Republican gerrymander," Daley explains, "and DeSantis said, 'Wait a second, I can do even better than that.'" With the state's high court packed with his own appointees, Daley warns, "that is not a Supreme Court that we should look to for any sort of help when it comes to fair maps."

Back in 2019, the U.S. Supreme Court determined that federal courts may play no role in preventing partisan redistricting, leaving the matter the chaos of each individual state court to decide. But on the matter of racial gerrymandering, SCOTUS is still happy to tell states what they can and can't do, even when the High Court's own rulings disagree with each other.

Daley explains how SCOTUS jumped in, back in February, months before the primaries, to block a new black-majority district ordered in Alabama by a lower federal court under the Voting Rights Act because. The Supremes, on the stolen and packed Court, determined it was just too soon before the primary election to draw up a new map. But late last month, after the Wisconsin Supreme Court approved a new state legislative map drawn by the state's Democratic Governor, SCOTUS ordered the state to rewrite the map, just weeks before the primaries, to remove a new black legislative district created in Milwaukee.

"The US Supreme Court has been eager this cycle to help Republicans and to put their foot on the scale against Democrats," Daley charges, describing their rulings as "Heads I win, tails you lose. They're not even pretending anymore."

And then we get to New York, where it was Democrats' turn to face the music for gerrymandering the state's U.S. House map to add three new likely Democratic U.S. House seats. Today, mid-show, NY's high court blocked the map (appropriately, as Daley sees it), ordering a court-appointed Special Master to draw up new maps in time for this year's primary (which the court also postponed until August to allow time to create the new maps.)

Last week, Daley, a longtime proponent of fair maps in all fifty states, wrote at CNN about what he saw as the "indefensible" map drawn up by NY Dems, describing it as "among the most obscene partisan gerrymanders nationwide." NY courts clearly agreed, but even Daley's own opinion article seemed to make the case for what Democrats tried --- but failed --- to do.

"If blue state courts roll back Democratic gerrymanders, but red state judges rule as partisan ideologues, a pro-GOP bias will be baked into the national map for another decade," he wrote. "A maximally gerrymandered national congressional map is...bad in nearly every way except, perhaps, compared with the previous decade's map, rigged so Republicans held control in 2012 even when they won 1.4 million fewer votes."

As regular listeners and readers know, over the past year I've (regrettably) changed my position on partisan gerrymandering, given the gaming of the system by Republicans which has succeeded in endangering America's small-'d' democratic project entirely. Short of federal legislation to ban partisan redistricting everywhere (an effort by Dems that was blocked by all Senate Republicans last year), I've been calling on states controlled by Democrats to gerrymander wherever possible. I hate that position. It's bad for many voters in the states but, ultimately, important for something resembling democracy on the national level at a time when democracy is facing a serious challenge from the forces of authoritarianism.

But Daley disagrees with. At least in as much as he has argued that such an effort could never be successful. "A national map that has been rigged for one side to win is extraordinarily dangerous, especially when one party has completely broken faith with democracy," he tells me as we debate this point again today. "Gerrymandering the hell out of Illinois and New York doesn't save democracy. It doesn't give Democrats that much of a leg up on fixing this. It is a band-aid, when what you need is a tourniquet. It's not sufficient. By all means, go ahead and put a band-aid on, but don't think it's going to stop the bleeding."

"I'm calling for a national standard that fixes the problem in New York as well as in Texas," he argues (as do I). "Because there are not enough New Yorks to balance out the Texases and Floridas. Democrats can gerrymander the hell out of these states if they want, but it's not going to help them. What they need to do is fix the overall structural problem, or it's only going to get worse."

Prepare for it to get worse...

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Guest: John Bonifaz of Free Speech for People; Also: Macron's victory; Trump found in contempt in NY, fined $10k/day until subpoena answered...
By Brad Friedman on 4/25/2022 6:43pm PT  

Well, we're back after a much-needed break last week on The BradCast. (Thanks to Nicole Sandler for covering for us for a few days!) As it turns out, disappointingly, news didn't stop just because we were gone!

First up today, some very good news from over the weekend and from this afternoon...

According to Exit Polling (which tends to accurately report on Europe's various hand-marked, hand-counted balloting) on Sunday, center-right French President Emmanuel Macron defeated far-right extremist Marine Le Pen to win a second five-year term. The European Union and democracy-lovers everywhere are breathing a sigh of relief following the apparently failed third try by Le Pen --- a supporter of Trump, Putin and other far-right autocrats and an opponent of NATO, the EU and immigrants --- to win the Presidency. It was the first time in 20 years that a French President has won a second term. Macron did so by a comfortable 17 points, based on Sunday surveys. Le Pen's far-right coalition will now shift their efforts to Parliamentary elections coming up in June.

More good news today, this time out of New York, where the Judge overseeing state Attorney General Letitia James' civil probe of alleged bank, tax and insurance fraud by Donald Trump, his kids and the Trump Organization has found him in contempt. Trump is now being fined $10,000/day until he adequately answers the AG's subpoenas for documents. "Today, justice prevailed," James said in a statement following following the Judge's order. “For years, Donald Trump has tried to evade the law and stop our lawful investigation into him and his company’s financial dealings. Today’s ruling makes clear: No one is above the law." But, in potentially even better news, Asst. Attorney General Kevin Wallace is quoted by AP as saying "We plan to bring enforcement action in the near future". Translation: Trump is about to face serious civil litigation in NY that could ultimately break up and/or bankrupt his company, if successful.

At the same time, the Manhattan District Attorney's criminal investigation into many of the same matters, regarding Trump committing fraud over many years by lying on his annual financial statements, continues as well.

The quest for accountability in the wake of our failed former President's attempt to steal the 2020 also continues elsewhere. On Friday, Georgia's far-right Republican U.S. Rep. Marjorie Taylor Greene became the first sitting member of Congress to answer questions under oath about involvement in the January 6th, 2021 insurrection at the U.S. Capitol. Her testimony in an Atlanta courtroom, following a ruling to allow it by a federal judge, came in response to a ballot eligibility challenge filed by several voters in her 14th Congressional District. They charge Greene is ineligible for office based on Section 3 of the U.S. Constitution's 14th Amendment. The so-called Insurrection Disqualification Clause bars from office those who, after previously taking an oath to defend the Constitution, subsequently "engaged in insurrection or rebellion against the same" or have "given aid or comfort to the enemies thereof."

Greene was just one of the members of Congress who was neck-deep in the attempts by Trump and his MAGA Mob to block the certification of Joe Biden's 2020 election victory. She even went so far, as video produced by the plaintiff revealed, as to threaten violence to prevent the peaceful transfer of power to the new President. On Friday, Greene sat for several hours of questioning from attorneys at Free Speech for People (FSFP) who are representing voter-clients in Georgia, as well as several other states where voters are challenging the eligibility of elected officials who "engaged in insurrection" or gave "aid or comfort" to those who did.

Today, we step through her prevaricating testimony from Friday, in which she attempted to lie about charging that Democratic U.S. House Speaker Nancy Pelosi had committed treason ("punishable by death," Greene noted in the video she initially tried to pretend did not exist) and about expressing approval for a comment on her own Facebook page calling for a "bullet to the head" of the Speaker.

Much of Greene's testimony consisted of dozens of "I don't recall" and "I don't remember" responses to the plaintiff attorneys, even as her memory was suddenly razor sharp when it came to remembering tweets, comments and other social media posts and videos cited by her own defense attorneys. While Greene claimed she never called for violence, the clear record proves otherwise.

We're joined today by JOHN BONIFAZ, Co-founder and President of FSFP, the group working with voters bringing the challenges to Greene in GA, as well as Rep. Madison Cawthorn in North Carolina, Reps. Paul Gosar and Andy Biggs in Arizona, and against far-right AZ State Rep. Mark Finchem, the Trump-endorsed Republican candidate for Secretary of State.

Bonifaz offers his reaction to Friday's hearing and Greene's attempt to evade accountability for her role in the 2021 insurrection. He also offers updates on the appeals filed in federal court in North Carolina (where a Trump-appointed judge rejected FSFP's challenge to Cawthorn's candidacy on a rather remarkable basis, as discussed) and in AZ, where a Maricopa County Superior Court Judge on Friday dismissed FSFP's challenge to Gosar, Biggs and Finchem. In that case, as Bonifaz details, the judge rejected the Constitutional challenge not on the merits, but on the claim that private citizens have no right to sue under the 14th Amendment. Bonifaz, a longtime, well-respected Constitutional law expert, explains why he believes the AZ judge is wrong (for example, he observes, it would allow a 14-year old or Vladimir Putin to run for Congress!) and the basis for which his organization is appealing that ruling.

Meanwhile, back in Georgia, the state administrative law judge who oversaw Friday's testimony, Charles Beaudrot (a corporate tax attorney who was initially appointed by a Republican Governor), will soon give his recommendation to Republican Sec. of State Brad Raffensperger as to whether Greene should be disqualified from the mid-term ballot. Raffensperger will then decide whether to accept Beaudrot's recommendation or not.

No matter how it all shakes out, Bonifaz tells me today, the federal court ruling which allowed the challenge to go forward in the state last week is a victory in and of itself.

"Independent of what happened in the hearing on Friday," Bonifaz says, "what's happened is the door has now been opened for somebody like Donald Trump --- or anyone else who took an oath of office and engaged in insurrection --- being held accountable in Georgia. That door is now open because the precedent is there for voters to be able to challenge them based on Section 3 of the 14th Amendment. Assuming its upheld by the 11th Circuit (Greene's attorney, who also works for Trump, is appealing the U.S. District Court Judge's ruling) that means there will be a challenge, I think, to Donald Trump appearing on the Georgia ballot in 2024."

There's lots more in today's conversation with Bonifaz! Please tune in...

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Also: More record job growth under Biden; More lousy media coverage of it; Huge majorities want climate change action, clean energy...
By Brad Friedman on 4/14/2022 7:12pm PT  

On today's BradCast: Guilty pleas for voter fraud in a Trump stronghold in Florida. The Colorado state GOP endorses a federally-indicted election tamperer for Sec. of State. Trump's Chief of Staff is removed from the voter rolls amid a state probe into his own apparent voter fraud after he tried to steal the 2020 Presidential election. And yet the fraudulent GOP 'voter fraud' industry continues raking in the cash and making it harder for certain people to vote by pretending that Democrats are committing massive voter fraud. Quite a racket. [Audio link to full show is posted below.]

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

  • Perhaps you haven't heard, but new weekly jobless claims haven't been this low since 1968, with companies increasing wages to hang on to their employees. Sounds terrible. No wonder Biden's approval ratings are so low. (Of course, in addition to downplaying such stories or not covering them at all, some in the corporate media have turned this great news for American workers into terrible news for businesses, focusing on "labor shortage" and "high costs" of maintaining workers.)
  • New polling from Gallup finds Americans overwhelmingly support Biden's proposals to tackle climate change and move the nation to clean renewable energy. Huge --- and I mean huge-- majorities support stuff like tax credits for Americans to install solar power at home; incentives for businesses to move to renewable energy; increasing mileage standards on cars and trucks; major investments in electric vehicle charging infrastructure. Most of those wildly popular ideas (all mercifully attacked by the America haters at Fox "News") were in the Biden/Democrat Build Back Better bill, which every Senate Republican plus the corrupt Joe Manchin helped to kill last year.
  • Then there's the never-ending GOP "voter fraud" industrial complex which is having another terrific year! Brain-poisoned suckers, terrified about non-existent massive voter fraud by Democrats, continue to send their money and votes to the scammers who are actually committing the fraud while making it harder for certain Americans to vote at all.

    In Florida, a bunch of old, white Republican retirees in The Villages have been indicted for and/or pleaded guilty this week to double voting in the Trump stronghold. Because they're white and Republican, they're getting off with slaps on the wrist. (Contrast that with folks like Crystal Mason, a black woman from Texas who didn't know she wasn't allowed to vote after being released from jail before casting a provisional ballot at the direction of a poll worker. Her vote was never counted --- unlike the double voters in FL --- but she's been sentenced to five years in prison. The Trump/DeSantis voters who pleaded guilty for voting in two different states in 2020, are getting off with no jail time at all.)

    In Colorado, the state Republican Party held its big confab over the weekend. They endorsed a candidate for U.S. Senate who told them this week that Trump won in 2020, while comparing the election to what "we felt after 9/11". But the CO GOPers really went all in for Tina Peters, the Clerk of Mesa County who snuck into a secure storage area in the middle of the night last year along with accomplices with fake IDs, turned off the security cameras and made unlawful copies of sensitive voting system software before releasing it to the public over the Internet. She's now been charged with a 10-count federal indictment for her election tampering. But the CO Republican delegates over the weekend rewarded her with an overwhelming majority endorsement to become the state's chief election official in her bid to become CO's next Secretary of State. Don't worry. If Peters wins, the state Republicans' choice for Governor told the crowd this weekend that he'd pardon her. (Cuz, Rule of Law, Law and Order and all that. Also: unclear if he knows Governors can't pardon federal felons.)

    And, just to top off the madcap fraudulent fun, Mark Meadows --- Donald Trump's Chief of Staff who tried to help him steal the 2020 Presidential election --- has now been removed from the voting rolls in North Carolina, where the former Congressman and "election integrity" warrior appears to have been unlawfully registered. In a mobile home where he never spent a night and may have never even visited. Even as he was registered to vote --- and voting --- in Virginia. (Add him to a long list of high-profile GOP voter fraud fraudsters we've covered over the years, including Ann Coulter, Mitt Romney, Newt Gingrich and MANY more!)

  • Finally, Desi Doyen joins us for our latest Green News Report with news of climate change-fueled, catastrophic rains and deadly flooding which killed hundreds in South Africa this week; new science finding that our climate crisis is supercharging hurricane rainfall; and some brighter news on wind energy which hit a remarkable new milestone last week! (Don't tell Trump! He's still pretending that windmills cause cancer!)

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Also: Brooklyn subway shooting; NY Lt. Gov. indicted; What you don't know about inflation; Biden taps ethanol to further lower gas prices...
By Brad Friedman on 4/12/2022 7:22pm PT  

We've got a very busy and eclectic BradCast for you today. For good or ill. You'll decide. [Audio link to full show follows this summary.]

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

  • Another mass shooting today, this time in a crowded subway train in Brooklyn. At least 10 were shot and 17 injured. Reportedly, however, even with 5 victims said to be in critical condition, authorities say none of the injuries are life-threatening. The gunman, wearing a gasmask and releasing smoke bombs to add to the nightmarish chaos, appears to have used a semi-automatic handgun with several large magazines and was only stopped, after at least 33 shots, when one of the cartridges is believed to have jammed. The suspect was still on the run as of airtime.
  • Also in New York, recently-minted Democratic Lt. Gov. Brian Benjamin was arrested and indicted on several federal felony charges related to bribery, fraud and falsification of records on Tuesday, in an alleged scheme during his time as a state Senator involving campaign payoffs from a real estate developer (who was previously arrested, but is not Donald Trump). Among the records Benjamin is said to have falsified are the vetting documents used by Gov. Kathy Hochul when selecting him for the job of Lt. Gov. after she ascended from that job in the wake of the resignation of the previous Democratic Governor, the scandal-plagued Andrew Cuomo. Benjamin resigned late today. But getting him off the June primary ballot, where he was set to run for election against two other Democrats, is a different matter.
  • You may have heard today via screaming headlines that new data from the Bureau of Labor Statistics on finds inflation in March was at 8.5% over the past year. It is the highest rate since December of 1981 when that failed, one-term President Ronald Reagan was in the final month of his first year in office. There's probably a bunch of other stuff you haven't heard today beyond the screaming "Inflation hits 40-year high!" headlines from our corporate media. We help you understand some of that stuff.
  • President Joe Biden's recent action to release a million barrels of oil a day, for the next six months from the nation's Strategic Petroleum Reserve immediately helped to lower gas prices at the pump. They've been falling pretty much every day since that unprecedented move, though they remain high thanks to Russia's war in Ukraine and the oil industry's continued profiteering. Today, in a bid to further lower gas prices, Biden announced a plan to waive the ban on summer use of E15 gasoline, which contains a 15% ethanol blend. Desi Doyen helps us make sense of that news and why it is both good and bad.
  • Last week, following a months-long investigation, Arizona's very MAGA, vote-suppressing Attorney General Mark Brnovich, finally released a report [PDF] on his probe of allegations of fraud in Maricopa County (Phoenix)'s 2020 Presidential election. That probe was requested by the very MAGA state Senate after the exceedingly MAGA Cyber Ninjas failed to find any evidence of fraud in their own months-long so-called "audit" in the state's largest county, where Joe Biden won by some 45,000 votes, delivering the state to a Democrat for the first time in decades.

    As it turns out, Brnovich failed to uncover any evidence of fraud or any other crimes, though he did pretend to find "serious vulnerabilities" in the County's elections procedures. But those "serious vulnerabilities", according to the Chair of the County's Republican Board of Supervisors, the County's Republican Controller (its chief election official, who won his position during the same 2020 election), the County's former Democratic Controller (who lost that year), and the state's Democratic Sec. of State are all calling out Brnovich for a BS report that fails to find any evidence of any problems in the election at all, even while using words that help Fox "News" and the losing former President and all his MAGA friends pretend that he did. (Brnovich is in a contested primary race for the GOP U.S. Senate nomination, after all.)

    We let you know what Brnovich actually found (and didn't), even if none of it prevented the MAGA state Senate President who helped kick off all this madness from from claiming the report finds "fraud" (it doesn't) or one of the most rightwing MAGA state Senators from taking to her Twitter account in response to the report to call it "flaccid" and to insist that "WE WANT ARRESTS NOW." --- For what exactly? That part remains unclear. It may take a few more months or years and more millions of dollars of tax-payer money spent by "conservatives" in the state to get to the bottom of it.

  • Finally, Desi Doyen brings our latest Green News Report with some troubling new news on methane and climate change, as well as microplastics now being found in human blood and lungs. But she's got some better news on new mileage standards from Biden's Dept. of Transportation and on the electrification of tens of thousands of government vehicles and school buses in Los Angeles and Boston...

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Guest: John Nichols of The Nation; Also: State Dept. has no records of gifts to Trump; Don Jr. plotted to steal 2020 two days after the election...
By Brad Friedman on 4/11/2022 6:32pm PT  

On today's BradCast: The corruption never ends and will only get far worse until someone finally faces accountability. Whether it's Donald Trump for his unspeakable corruption and attempt to steal the 2020 Presidential election or Justice Clarence Thomas, whose corruption has been well-documented for decades now, as he appears to have joined the effort to help Trump steal that election --- or, at the very least, avoid accountability for trying. Thomas needs to be impeached, argues our guest today, or we might as well put our Constitution "through the shredder." [Audio link to full show follows below this summary.]

As to Trump's unspeakable corruption, yes, we are still learning about much more of it. As TPM reported over the weekend, apparently the State Department is now reporting they have no records of gifts given to Trump (or Vice President Mike Pence and other Administration members) by foreign leaders during Trump's final year in office. Worse, according to the State Dept.'s report, the Office of the Chief of Protocol's Gift Unit reports no records of any gifts at all from January 20, 2017 (the day Trump took office) until the end of his first failed term in January of 2020. No record of what the President of the United States received from Foreign Leaders?! Um, that's not good.

We've come to expect this kind of grotesque corruption from Trump and his family members. So, it shouldn't come as a surprise to learn over the weekend, as we did via CNN, that Don Jr. was texting then White House Chief of Staff Mark Meadows just two days after Election Day in November of 2020 --- before the race had even been called or all of its votes tallied --- to detail one way after another that the election could and should be stolen for his father. "We control them all," Don Jr. told Meadows, while describing the way that state legislatures or Congress, or even the judiciary could help steal the election before Team Trump even knew for certain they had lost. "We have operational control Total leverage....POTUS must start 2nd term now," Trump Sr.'s corrupt son instructed the White House Chief of Staff on November 5th, 2020, according to messages obtained by the U.S. House Select Committee investigating the January 6th insurrection.

It's troubling enough that the man and his party who are planning to steal the 2024 election, if necessary, have yet to be held to account. It is no less troubling that at least one member of the U.S. Supreme Court is corrupt enough to help them. Outrage over Ginni Thomas, the far-right activist wife of far-right activist Justice Clarence Thomas, having texted Meadows dozens of times after the election, encouraging the Administration to steal the election for Trump, faded quickly after it was initially reported just over two weeks ago by the Washington Post's Bob Woodward and Robert Costa. Sure, there is a war in Europe and Will Smith slapped Chris Rock at the Oscars, but a corrupt sitting Supreme Court Justice --- willing to be the lone dissenting vote to potentially keep his own wife's text messages out of the hands of House J6 Committee is impeachment-worthy, according to my guest today, JOHN NICHOLS, National Affairs Correspondent for The Nation.

The news about corruption of Clarence and Ginni is just the latest apparent law-breaking by the couple. We've been reporting on it for more than a decade. So has Nichols, who tells me he reported on conflicts of interest regarding Ginni's far-right activism 22 years ago. "Ginni Thomas was already working with the Bush-Cheney Administration at the same time that Clarence Thomas joined in that closely divided decision to close down [the 2000 Presidential] recount," he notes today. "So this woman has a quarter century of engagement in politics in a way that should not only have led to recusals by her husband, but ultimately, when he didn't recuse, should have led to his removal from the Supreme Court."

But enough is enough. And it would nice if both the corporate media (which has largely ignored this matter) and elected Democrats (who have tepidly called for Thomas to recuse himself from 2020-related cases) starting doing something about it. "We have reached that point," Nichols argues, when asked if Justice Thomas needs to be held to account for "seri­ous ethical or crim­inal miscon­duct" after the House Select Committee gathered evidence of his wife's texts to the White House Chief of Staff. "Trump tried to overturn the results of the 2020 election in what can accurately be referred to only as a coup attempt. And he sought to hold office illegally. That is a coup. When you are investigating something of that consequence, if there is even the slightest possibility that a member of the U.S. Supreme Court used his position to try to undermine or limit that investigation --- because his wife was a co-conspirator, because his political allies were involved in the issue --- that has to be investigated. It is best investigated, in my opinion, in an impeachment inquiry."

"We're having a discussion about recusal at this point for Clarence Thomas? This is absurd!," Nichols insists. "This guy isn't going to recuse. He's made it absolutely clear. This is like saying, 'At the very least, Jesse James should recuse himself from robbing banks.' The crime has already been committed! The notion that we would now say 'Oh, he should recuse himself going forward' doesn't get to the heart of the matter, and it doesn't get to the reality. The only option we have in this case is impeachment."

But, of course, even if Democrats in the House stepped up to do the right thing, Mitch McConnell and the Republicans would never remove Thomas from the High Court, right? "For those who say, 'Oh, we can't do that because Mitch McConnell might not let us,' then you might as well take the Constitution out of the National Archives and put it through the shredder. What's the point of having an impeachment power if you don't use it in a moment like this?"

Good argument. And we've got much more along those lines with Nichols today, including some of his thoughts on the huge hole left behind in the progressive media following last week's tragic loss of longtime media critic Eric Boehlert, and on whether he believes Attorney Merrick Garland and the DoJ are taking the appropriate steps to hold Trump and the rest of his cabal to account for their part in the insurrection (as discussed last Thursday on this show with former federal prosecutor Randall Eliason) and the broader attempt to steal a Presidential election before our very eyes...

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Guests: Susan Greenhalgh of Free Speech for People; Ian Patton of Long Beach Reform Coalition; Also: Atrocities in Ukraine, in the U.S. and why protecting democracy remains more important than ever...
By Brad Friedman on 4/4/2022 6:59pm PT  

We all woke up to atrocities on Sunday. In Ukraine and in Sacramento, California. Russian war crimes in Europe and another mass shooting in the U.S. On today's BradCast, we detail the atrocities in both places before turning to the fight for the only thing that still has a chance of stopping them: democracy. But we can't have democracy without voting systems the public can oversee, and that remains a huge problem, even in our own home county of Los Angeles. [Audio link to full show is posted below this summary.]

First up, some of the newly revealed, gruesome details and evidence of war crimes allegedly committed by fleeing Russian troops against Ukrainian civilians in newly liberated towns, villages and suburbs outside of Kyiv. Despite being witnessed by independent journalists and catalogued by outside watchdogs like Human Rights Watch, which describes some of the crimes as "unspeakable, deliberate cruelty and violence against Ukrainian citizens," including "rape, murder, and other violent acts," the Russian Government contends the charges are "fake" and little more than "stage-managed anti-Russian provocation." In response on Monday, President Biden reiterated his belief that Vladimir Putin is a "war criminal."

The gruesome body count in the U.S. also continued to mount over the weekend, as another mass shooting, this time in downtown Sacramento, left six dead and more than a dozen injured after "at least fifty rounds" were "fired right into the crowd" with high-powered weaponry during bustling Saturday night revelry, according to an eyewitness. That, just one day after Georgia's legislature passed a new law allowing concealed weapons to be carried pretty much anywhere without the need for a license. They are the 23rd state to do so. Our gun violence epidemic is getting worse, not better, as Republicans refuse to allow any action that might lessen America's shamefully continuing scourge.

But tyranny is not going to defeat itself. Not in Ukraine. Not in the U.S. To that end, we remain vigilant in our efforts to help the public try and oversee this year's critical mid-term elections. Unfortunately, problems with our un-overseeable and unverifiable voting systems continue into yet another election year in so-called "red" and "blue" states alike. While the GOP is actively undermining democracy with new voter suppression laws in "red" states, vulnerable electronic voting and tabulation systems remain a huge problem across the nation.

Back in 2020, Los Angeles County deployed a new, unverifiable touchscreen voting system called "Voting Solutions for All People" (or, VSAP) across the nation's most populous voting jurisdiction. Some ten years in development by the County's Registrar-Recorder/County Clerk Dean Logan, the new touchscreen Ballot Marking Devices (BMDs) failed spectacularly in that year's Super Tuesday Presidential Primary, leading to long lines and questions about the results. The VSAP system had been conditionally certified by the Secretary of State just weeks before their first county-wide use, after state testing discovered about 30 different violations of California Voting System Standards.

The County was required to correct the violations detailed in the Conditional Certification in the months following the election, though they failed to do so in many cases --- for years. Now, the County is seeking state certification of VSAP v3.0 but, according to our guests today, has still failed to correct a number of critical security issues that failed more than two years ago.

We're joined today to discuss these concerns in advance of California's June 7th mid-term primary elections by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit Free Speech for People and by IAN PATTON of the Long Beach Reform Coalition (he is also now running for the Long Beach City Council). Both recently wrote a letter [PDF] to California Sec. of State Dr. Shirley Weber, detailing uncorrected security issues in the VSAP system and urging her to force L.A. County to fix them before issuing certification to the newly updated voting and counting system yet again.

We invited L.A. County's Registrar Dean Logan --- the VSAP system is his brainchild --- to join us as well, after his office recently described Greenhalgh's public testimony on her concerns about certification for VSAP 3.0 as "mis- and disinformation". In declining to join us today, Logan once again accused Greenhalgh and Patton of "mis-stating facts" and took a swipe at the election integrity advocates by smearing them as if they were part of Donald Trump's mob of conspiracists offering evidence-free claims of fraud since his loss in 2020. Logan charged the documented concerns detailed in Greenhalgh and Patton's memo to the Secretary "contributes to further the false narrative about elections integrity and transparency that is pervading the country."

For her part, Greenhalgh has been an expert in elections security, integrity and transparency for decades. Patton had represented the Long Beach Reform Coalition in a lawsuit against the VSAP systems long before Trump's 2020 sore loser act, when a ballot initiative in Long Beach failed by just 16 votes. After the Coalition raised tens of thousands of dollars to pay for a recount of that initiative, they were informed by Logan that the price would, in fact, be hundreds of thousands of dollars instead-- to count just a few thousand votes. The reason, as we reported at the time, is that the new VSAP system is deployed at Voting Centers across the County, which have replaced community precincts. That means that Long Beach voters may vote at any Voting Center in the County, where more than 4 million cast ballots in 2020. Logan attempted to charge the Coalition for the hours and hours it would have taken the county to cull through some 4 million ballots (computer-marked by VSAP and hand-marked by mail voters) in order to find the ones cast by Long Beach voters at any of the hundreds of Voting Centers in the County. Of course, this is just another problem with the Voting Center model, particularly in large counties like L.A. The ballot initiative that is said to have passed by 16 votes never did receive a hand recount to make sure the results were accurate.

Greenhalgh details the security vulnerabilities that remain in the VSAP system, despite state requirements that they be corrected by last year. She was also surprised to hear that Logan claimed in his email to us that "the VSAP 3.0 upgrade is over and it has been approved by the Secretary of State."

"I'm disappointed that the Secretary is not taking further action to enforce these requirements, to really require LA County to meet them," she tells us. "Also it hasn't been updated on the website, that it's already been approved. That's not public information yet." We'll just take Logan's word for it, I guess.

For his part, Patton explains the aborted recount effort in Long Beach ("I'm not a conspiracy theorist in any way," he notes. "We have never alleged a rigged election. We were just talking about the facts. The facts are this was an extremely close election, and we were just not allowed to have a hand count."); the fact that L.A.'s $300 million voting system was promised to be the nation's first open source system (but has yet to disclose any of its source code); and whether he feels confident that his election for City Council this year will be accurately tallied under the still-unverifiable and virtually unrecountable new systems.

"We can speak very factually and say that vulnerabilities don't equate to a stolen election," Greenhalgh asserts, before describing Logan's smears as "extremely disheartening." She described the comments as "a new low to hear somebody try to smear and tar real serious questions, real serious issues that need to be addressed. We still have serious security issues in our election systems that need to be fixed. We all need to pull together to fix them. And if we are having election officials refuse to address those problems by dismissing them improperly as mis- and dis-information, there's two problems with that: We're not going to actually fix the problems, but also we have a crisis of confidence in our election system right now. And when somebody in a position of power says something that is pretty easily proven to be false....they're not going to have a lot of confidence in his ability to run an election. And we can't afford that. He needs to be honest."

Logan never did cite any specific claims from Greenhalgh and Patton's concerns that he believed to be misinformation, despite my repeated query. He has a standing invitation to join us on the show any time to do so. Hiding behind false claims by rightwingers of "stolen elections" is unbecoming of a public official, particularly when the very specific concerns in question are legitimate and publicly well-documented.

There is much more discussed about all of this on today's show, and the concerns about similarly unverifiable touchscreen Ballot Marking Devices now in use across the country, along with the similarly problematic Voting Center model replacing community precincts in other counties and states.

California's primary this year is on June 7th. Cross your fingers that things work out. Good luck even being able to figure out afterward is they did or didn't...

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Guest: Legal journalist Mark Joseph Stern of Slate; Also: Major new study confirms Ivermectin ineffective as COVID treatment...
By Brad Friedman on 3/30/2022 7:13pm PT  

On today's BradCast, one of our favorite guests is back to explain why the wildly corrupt Thomases, as horrible as they are, may be one of the least of our concerns when it comes to what the rest of the GOP's wildly corrupt --- not to mention stolen and packed --- U.S. Supreme Court may now be moving toward.[Audio link to full, must-listen show is posted below.]

First up, however, a major new, peer-reviewed, double-blind study released in full today, finds what many have been trying to make clear for quite some time: There is no legitimate evidence that the anti-parasitic drug Ivermectin, most commonly used to de-worm horses, has any positive effect as a treatment for COVID.

In fact, as one part of the huge new Brazilian study found, placebo pills were actually more effective than Ivermectin! Dr. Andrew Hill, a virologist at the University of Liverpool in England, whose early analysis (since retracted) of several smaller studies (at least one of which appears to have been fraudulent) was frequently cited for evidence of the drug's effectiveness, appears now to concur that the new Brazilian study pretty much removes all doubt. Ivermectin is of no use in treating COVID. We now have a pretty large body of evidence demonstrating that is true no matter what clownish TV doctors and profiteers and misinformation specialists on Fox "News" or Joe Rogan's podcast have to say about it.

That said, there are safe and effective (and free) ways to avoid the worst effects of COVID, which peer-reviewed studies have confirmed. They include the Moderna and Pfizer vaccines. Actual professional virologists, epidemiologists and both the CDC and FDA strongly recommend them, as do we. Earlier this week the FDA authorized a second booster shot for anyone over 50 who hasn't received a shot in the past four months. Please get one and let's end this goddamn pandemic once and for all. Thanks.

On to our main topic(s) today, as we're joined by the always great, always illuminating, and pretty much always-right-about-everything MARK JOSEPH STERN, legal journalist from Slate.com who smartly covers the law, the court system, the U.S. Supreme Court, election law, LGBTQ issues and much more.

We've got just a few things to discuss with Stern today, including the ridiculous Senate Judiciary Committee confirmation hearings last week for Judge Ketanji Brown Jackson, Joe Biden's nominee to the U.S. Supreme Court, where she would be its first black female Justice. On Wednesday, it was actually news for some reason that one Senate Republican has announced she will vote for Jackson's confirmation. But, beyond the childish stupidity of Republican Senators on the Judiciary Committee last week falsely suggesting that Jackson is somehow in favor of child porn and terrorists, there was something else far more disturbing that emerged from the GOP questioning of Biden's highly qualified nominee.

In short: Republicans aren't just targeting Roe v. Wade's well-established right to an abortion (which the Supreme Court is very likely to overturn within the next few months), but they actually appear to be gunning to reverse a whole bunch of landmark, privacy-related rights, including Obergefell v. Hodges, the landmark 2015 ruling establishing a Constitutional right to same sex marriage equality. But that's not all. Also now in their sites for reversal are Griswold v. Connecticut (1965, establishing the right for married couples to buy and use contraceptives) and, yes, even Loving v. Virginia (1967's landmark civil rights decision establishing the right to interracial marriage)!

Think these concerns are exaggerated? That Republicans aren't actually gunning for those federal rights as well? Tune in and find out if you're wrong.

Also, as we discuss, Stern now believes it is unlikely that Republicans will ever vote to confirm another Supreme Court Justice nominated by a Democratic President if they regain majority control of the Senate. He further believes they will stop confirming the President's nominees for any judgeship on the federal bench.

"It is very clear now that Republicans begin from the position that Democratic Presidents have no authority and no right to appoint Supreme Court Justices, or to appoint lower court judges. This is following a longstanding pattern in the Senate of Republicans almost uniformly --- or all uniformly --- voting against nominees to the lower court, including many who are super-qualified and uncontroversial," Stern observes. "We have swung back and forth between close confirmation votes and big overwhelming lopsided confirmation votes, but I fear that this is how it will be forevermore."

While those issues would be more than enough to fill an entire interview, it's not even half of what we cover with Stern today, including his thoughts on the wildly corrupt longtime rightwing activist Ginni Thomas and her husband, the wildly corrupt longtime rightwing activist Justice Clarence Thomas. The conversation follows on last week's explosive revelations that Ginni was relentlessly texting Donald Trump's Chief of Staff Mark Meadows in November of 2020, urging him to fight to reverse the results of Joe Biden's election victory, in hopes of overturning American democracy itself.

Given that Clarence was the only vote on the High Court in favor of blocking subpoenaed documents from the Trump White House, which might have included emails and text from Ginni, from being turned over by the National Archives to the U.S. House January 6 Committee, Stern believes this matter is now like nothing we have ever seen at SCOTUS.

"This may feel like the latest in a long line of atrocious conflicts of interest and injustices that Clarence and Ginni Thomas have inflicted on the country, but it is materially different, because we have never before seen a case where Clarence Thomas' vote so directly implicates his wife's work," Stern argues. After I note another such case --- where Ginni received hundreds of thousands of dollars in dark money for her so-called non-partisan non-profits following Clarence's vote in the 2010 Citizens United case (after that very same group, Citizens United, had quietly spent hundreds of thousands to help push through Clarence's controversial confirmation in 1991!), Stern notes that it "looks to the world, quite reasonably, like a husband trying to shield his wife from legal scrutiny. I think that is a huge leap forward in this story. This is different in kind, not just degree." He adds: "I think it's helpful to draw this distinction between votes that benefit a spouse and votes that shield them from a criminal probe."

So what should be done about the Thomases? Tune in for Stern's thoughts (and mine!) for a very lively conversation on that.

But wait, there's more! You may have heard about last week's outrageous "shadow docket" decision by the Court that put on hold a ruling by Wisconsin's Supreme Court, including the opinion written by one of its leading conservative justices, finding that Democratic Governor Tony Evers' new map for state legislative seats in the Badger State should be used in this year's redistricting, following the 2020 Census. The GOP's corrupt SCOTUS, however, feels otherwise, even though Evers' map was closer to the state's previous (and wildly gerrymandered) one than the map pushed by the state's far-right gerrymandered state legislature. To make the matter even more absurd, the High Court completely ignored its own entirely made up and opportunistically used "Purcell Principle", which is supposedly meant to prevent last minutes changes to laws that might throw elections into chaos. In this case, since Wisconsin's Supreme Court and Democratic Governor both agreed that a new black majority district was needed in Milwaukee, the rightwingers on SCOTUS decided they'd never heard of Purcell or, apparently, the Voting Rights Act of 1965.

If you're flummoxed about all of this based on the above explanation, you're not alone. Tune in, as Stern tries, as usual, to help us make sense of the senselessness now coming out of a U.S. Supreme Court that is on the verge of losing whatever shred of legitimacy it may have had left at this point...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Federal Judge finds Trump 'more likely than not' committed felonies in trying to steal 2020 election; Ginni Thomas to be called by House J6 Comm.; Callers ring in on Will Smith's Oscars assault of Chris Rock...
By Brad Friedman on 3/28/2022 6:43pm PT  

Given how many folks saw what happened at the Oscar's on Sunday night, today's BradCast summary needn't be very detailed on that point, I suspect. The second half of our program today is filled with our own thoughts and those of callers, on the many fascinating angles on why Will Smith's assault of Chris Rock on live TV was both so traumatizing to many and so very wrong. (Though not all of our callers agree!) [Audio link to full show follows this summary.]

First, before we get there, a bit of somewhat satisfying news, for the moment, from a federal judge in California. It comes in the case of Rightwing Trump attorney John Eastman, who has filed a lawsuit to try and withhold documents he describes as attorney-client privileged from the House Select Committee investigating the January 6, 2021 insurrection. The ruling is the first by a federal judge to hold that "based on the evidence", both Donald Trump (and Eastman) "more likely than not" committed federal felonies in their attempt to steal the 2020 election.

Judge David Carter, a Bill Clinton appointee, declared [PDF] the evidence suggests both men "corruptly attempted" to obstruct the work of Congress on January 6, 2021, and conspired to defraud the United States in the bargain. "The illegality of the plan was obvious," writes Carter, ordering Eastman to turn over about 100 documents to the House Committee. "Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election.”

"Every American --- and certainly the President of the United States --- knows that in a democracy, leaders are elected, not installed" Carter continued. "If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself."

Of particularly note, since some prosecutors have suggested that it would be difficult to win a conviction against the former President, since he might argue he didn't understand he was committing various crimes, Carter wrote: "President Trump and Dr. Eastman justified the plan with allegations of election fraud, but President Trump likely knew the justification was baseless, and therefore that the entire plan was unlawful." [Emphasis added.]

Eastman, of course, may try to appeal the ruling all the way up to the U.S. Supreme Court, where one of the most corrupt jurists to ever sit on the formerly esteemed body, Justice Clarence Thomas, still sits. But the good(ish) news on that front, for now, is that the House J6 Committee reportedly intends to ask his equally corrupt wife Ginni, a longtime, far-right activist and, apparently, conspiracy theorist, to sit for an interview before the panel.

That invitation (not yet a subpoena, according to reporting suggesting the Committee's lead Republican, Rep. Liz Cheney opposes issuing one to her), follows the stunning news last week of more than two dozen text messages exchanged by Ginni with Trump's then Chief of Staff Mark Meadows in November of 2020, encouraging him to keep fighting to reverse the election (to steal it!) and overturn what Ginni cluelessly described in one of her insane notes as "the greatest heist in American history."

She also mentioned discussing the matter with an unnamed "best friend". The Thomases have been known to refer to each other as "best friends". Democrats are now calling on Thomas to recuse himself, due to the obvious conflicts of interest, from any cases having anything to do with the 2020 election. But we believe Dems need to go much farther than that (and I hope to discuss that in more detail soon.)

Finally then, it's on to the slap seen and heard around the world at Sunday's Academy Awards. The one that kept me up until 4am for reasons that I had difficulty understanding. We talk it through today with a bunch of callers, most of whom condemn Smith for what he did (as do we), though at least one caller does not. Then again, he also thinks the entire thing was "staged" and thought it appropriate to call me "Beta Boy"(?) for some reason. That quite amusing and, of course, very persuasive!

I suspect you'll enjoy today's BradCast, even if it's a bit more pop culture-oriented than usual! But there's a reason (perhaps several) that Smith's assault of Rock was so traumatizing for many, going beyond mere pop culture, as we discuss as well. Besides that, we can all use a bit of a break every now and again with a "scandal" that doesn't touch on corruption, war, nuclear terror, the rise of autocracy and the persistent undermining of the U.S. Constitution --- not to mention the destruction of Planet Earth...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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