'Pro-choice' Melania wants $250k from CNN; $100k 'Trump Watch' invites influence peddlers; Damning new 1/6 details; MAGA county clerk gets 9 years for CO vote system tampering...
After another climate disaster, climate change finally front and center at VP Debate; PLUS: Ongoing climate disaster Helene, now second deadliest hurricane in modern U.S. history...
Guest: Emily Levy of Scrutineers.org; Also: Iran/Israel escalation; Dockworkers strike shuts down ports; Search, recovery -- and climate denier lies -- continue after Helene...
'GNR' Special Coverage: Climate change-fueled Hurricane Helene unleashes widespread death and destruction, as storm victims face daunting challenge of recovery...
Climate change strikes again, killing more than a hundred in 5 states, millions without power, concerns about their ability to vote; Also: Callers ring in before VP Debate...
Hurricane Helene guns for Florida; Global warming doubled odds of Europe's catastrophic flooding; PLUS: Biden promotes climate action at final U.N. address, with a warning...
CA sues ExxonMobil for plastic recycling lies; Cat 3 John strikes Mexico; Three Mile Island coming back to power Microsoft A.I.; PLUS: Climate Week kicks off in NYC...
THIS WEEK: Springfield Follies ... Political Violence ... The Undecidables ... Pro-Life? ... And much more in our latest collection of the week's best toons!...
Bad news for Rs in NC; Trump/Vance lies in OH; GOP Elector scheme in NE; Gaming GA result certification; Vote suppression in TX; Vote expansion in CA...
U.N. weather agency warns of climate chaos...that may already be here; NC storm tops $7B in damage; PLUS: Biden's air pollution policies will save 200,000 lives...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
Canning walks through the pros and cons of the various possibilities (staying home, voting for the Libertarian or Green Party candidate, voting for Hillary Clinton, as Sanders suggests, or even, gasp, voting for Donald Trump) as now faced by hard-core Sanders supporters, before offering his recommendation for how best to vote in order to continue the Sanders-led "political revolution". (Ernie also responds to a number of reader comments from the lively debate in response to his article.)
"I think the critical issue, and I think the question that every thinking progressive has to ask themselves is: 'What is the most effective means for moving the goals of the democratic revolution forward?'," he explains while we work through the potential options and outcomes.
Also today, the fight to restore the Voting Rights Act continues. Voting rights advocates on the groundin North Carolina and elsewhere are working hard to assure access to the polls for all this year, on the heels of a number of recent, very encouraging state and federal court victories. And national leaders are, once again, pressing Republicans in Congress to simply allow hearings to discuss ways to try and fix the landmark 1965 legislation after it was gutted by a rightwing majority on the U.S. Supreme Court in 2013.
Finally, we wrap up today's show with a few thoughts from liberal author and intellectual Noam Chomsky, on the threat posed by Donald Trump to the globe and, indeed, life on earth...
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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IN TODAY'S RADIO REPORT: In Rio Olympics' opening ceremony, Brazil goes big on global warming and the environment; U.S. government to use global warming 'litmus test' for all new projects; Melting Arctic ice uncovering anthrax and toxic waste; Happy Earth Overshoot Day; PLUS: Florida gets approval to release GMO mosquitoes... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): What Happens to the U.S. Midwest When the Water's Gone?; Researchers find unsafe levels of industrial chemicals in drinking water of 6 million Americans; Climate Changes at Rio Olympics is Risky For The Health and Performance of Athletes; Chevron Wins Big in $9.5 Billion Oil Pollution Case. But It’s Not Over; A Year After Toxic River Spill, No Clear Plan To Clean Up Western Mines; Two former Republican EPA administrators throw support to Clinton... PLUS: Customers Could Pay $2.5 Billion for Nuclear Plants That Never Get Built... and much, MUCH more! ...
On today's BradCast, the weekend marked 52 years since the signing of the Voting Rights Act, and Republicans in North Carolina still can't take "No Voter Suppression!" for an answer. At the same time, things appear to be going from bad to worse for Donald Trump. [Audio link to show is posted below.]
Despite a U.S. appeals court finding in late July that their voter suppression law "target[ed] African-Americans with almost surgical precision" and despite previously telling the court they'd have no trouble responding to the ruling in time for this year's general election, and despite their previous appeal being denied, North Carolina and it's Gov. Pat McCrory (R-NC) vow to take the case to the U.S. Supreme Court. Good luck with that.
Also today, Hillary Clinton's poll numbers continue to rise and Trump's continue to plummet, even in what have long been considered as "red" states. (She's now up by 7 points in Georgia?! Really?). In the meantime, long time GOPers --- from the national security industrial complex to college Republicans --- announce they are abandoning the Republican nominee, who they believe "would put at risk our country's national security and well-being" and serve as "a threat to the survival of the Republic". And the "Never Trumpers" have even come up with a new candidate, for some reason.
But are there reasons to question the reliability of those poll numbers and the sincerity of those Republicans? And is Trump an embarrassment to the GOP because he's an incompetent, uninformed, pathological menace, or because he's just saying out loud what most Republicans now believe? And while it's undeniable that Trump would pose a threat to the planet with his finger on the nuclear button, unfortunately, as we were reminded again over the weekend, he wouldn't even need nukes to help finish off humanity.
All of those stories and many more on today's BradCast!...
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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After agreeing to serve as a Senior Advisor to the Veterans for Bernie organization over the past year or so, I have refrained from writing articles about the Presidential primaries here at The BRAD BLOG, so as to avoid any potential conflicts of interest for the site. With that disclosure out of the way, those primaries now behind us, and the general election just months away, it seems an appropriate moment to ring in with some personal thoughts, which may or may not be shared by Brad and the site itself, on the dilemma now facing many long-time Bernie Sanders supporters, including myself.
The Sanders-led "political revolution" has arrived at a political crossroad.
Progressive supporters of Sanders cannot go back. The U.S. isn't Austria. There will be no do-over of the Democratic Presidential primaries.
The road to the extreme right (Donald Trump) is unthinkable. It entails the very real and ominous prospect of the very thing so many fought and died to prevent during World War II --- a fascist America. In turn, unabashed Sanders supporters, such as myself, are left with a limited number of options as we struggle with the difficult choice of how to move forward at the ballot box this November in the Presidential race.
Petulantly standing in place (not voting) is akin to the child who takes his football and goes home because the others wouldn't let him play quarterback. It is not a viable option. A boycott of the voting booth by progressives would serve only to reinforce the goal of GOP voter suppression. It would also betray a core tenet of the Sanders-led political revolution --- genuine (small "d") democratic accountability that can only be accomplished via participatory democracy. "I understand that many of my supporters are disappointed by the final results of the nominating process," Sanders wrote in a newly published Los Angeles Times op-ed over the weekend, drawing stark contrasts between both the two major political parties and their 2016 nominees, "but being despondent and inactive is not going to improve anything."
While some may mistake it as progressive, the Libertarian Party ticket, headed by Presidential nominee Gary Johnson, New Mexico's former Republican Governor, does not offer a progressive alternative. To the contrary, libertarianism amounts to an oblique path that is nearly as right-leaning as the now Trump-led GOP.
As I explained in 2010, in "Rand Paul exposes Libertarian Blind Spots", libertarian philosophy focuses exclusively on individual liberty vis-a-vis the government. Many of its proponents fail to appreciate the threat to individual liberty posed by "the tyranny of a corporate controlled economy." Indeed they equate corporate liberties with the liberties of individual human beings. It was that twisted reasoning that led to the Supreme Court's infamous Citizens United decision. Individual liberty without social responsibility, as many supporters of the Libertarian platform ultimately espouse, knowingly or otherwise, is destructive of community, an equitable economy and the environment. In 1980, David Koch, one of the infamous Koch brothers, became the Libertarian Party VP candidate. That selection alone speaks volumes about the party's core values.
With those options out of the way, we are left with either turning to the left --- where one can find a far more progressive platform than that offered by the Democrats, with the Green Party's nominee for President, Dr. Jill Stein --- or, moving directly forward with the now Sanders-endorsed Democratic Party Presidential Nominee Hillary Clinton, a candidate who openly embraced an extraordinarily progressive Democratic Party Platform and many, but not all, of the core goals of the Sanders-led revolution during her DNC Acceptance Speech.
The path that thoughtful progressives choose should be guided by both their understanding of the scope of the Sanders-led political revolution and the wisdom behind Otto von Bismarck's astute observation that "politics is the art of the possible"...
As we reported late last month, in a sweeping victory for voting rights on July 29, a unanimous panel of the U.S. 4th Circuit Court of Appeal struck down North Carolina's massive voter suppression law --- the nation's worst since the Jim Crow era. In a stinging rebuke, the court found the statute's provisions were enacted by state Republicans with "racially discriminatory intent" that "target[ed] African-Americans with almost surgical precision."
Days later, on August 3, as anticipated, North Carolina filed a Motion with the 4th Circuit Court of Appeal seeking a stay of the court's injunction that bars enforcement of its "omnibus" election law, pending a petition for a writ of certiorari (essentially, a request for a hearing before the U.S. Supreme Court). The principal basis for NC's request was based upon what is known as the "Purcell principle" --- the Supreme Court's recently-adopted general notion that changes in election laws, for good or ill, should not be ordered too close to an election due to the risk of chaos and uncertainty the late changes may cause at the polls.
The next day, on August 4, the same unanimous 4th Circuit panel summarily denied the NC's request for a stay, noting that, during oral arguments "the State assured us it would be able to comply with any order we issued by late July." Indeed, a stay, the 3-judge panel noted, would actually violate the Purcell principle because the "State has already notified its voters that it will not ask them to show ID [when voting at the polling place] and that early voting will begin on October 20."
"Finally," the 4th Circuit panel observed, "the balance of equities heavily weighs against recalling the mandate or granting a stay. Voters disenfranchised by a law enacted with discriminatory intent suffer irreparable harm far greater than any potential harm to the State."
On Friday, August 5, North Carolina’s Republican Governor Pat McCrory refused to take "no" for an answer, pretended his state never gave the court its assurances about timing, as cited by the 4th Circuit, and vowed to seek a stay from the U.S. Supreme Court.
"Changing our state's election laws close to the upcoming election, including common sense voter ID, will create confusion for voters and poll workers," McCrory explained in a statement. "The court should have stayed their ruling, which is legally flawed, factually wrong, and disparaging to our state. Therefore, by early next week, we will be asking the U.S. Supreme Court to stay the ruling of the Court of Appeals."
Prior to the 4th Circuit's denial of the stay request, U.C. Irvine Law Professor Rick Hasen opined that NC's Supreme Court cert petition was likely to be denied because of "the changing composition of the Supreme Court" following the passing of Justice Antonin Scalia. At that point, Hasen had rated "the chances of emergency relief only fair, because there is enough time to implement most of these changes before the election." (Emphasis added).
Given the rationale advanced by the 4th Circuit's denial order that included the state's own concession during oral arguments that it had time to comply with any order issued before the end of July, it is perhaps prudent to downgrade North Carolina's chances of obtaining a Supreme Court stay from "only fair" to "unlikely".
On today's BradCast, amidst a fresh flurry of mainstream media coverage of how simple it is to manipulate election results via electronic voting and tabulation systems, Politico Magazine offers a blockbuster cover story describing it as "child's play" and, as it turns out, also serving as a virtual "Best Of" from the past 15 years of The BRAD BLOG's coverage of e-voting failure and concerns. [Audio link to full show posted below.]
Ben Wofford's 8,500+ word feature today on how a group of computer scientists and cybersecurity experts coming out of Princeton University have, in recent years, been able to hack virtually every such system still in use across all 50 states in the U.S., details one story after another that we've either broken or covered in detail, and highlights the brilliant work of a bunch of the scientists and experts who I've interviewed on the blog or radio show or who have otherwise served as sources for much of my reporting over the years both at The BRAD BLOG and other publications.
More importantly (as I detailed earlier today), Wofford's lengthy and well-researched report offers hints that even the computer scientists are finally beginning to concede that the most secure voting and counting system of all may be plain old, hand-marked paper ballots, publicly counted by hand at each precinct on election night before ballots are moved anywhere. (What I've long described as "Democracy's Gold Standard".)
As Shane Harris reports at The Daily Beast this week in his piece "How Hackers Could Destroy Election Day", there are many ways that electronic voting and tabulation threatens American democracy, including by someone merely claiming that the vote has been hacked, whether it really has been or not. "If you have a system that's been shown to have vulnerabilities, even if someone doesn't attack them, but creates the impression that they might have, in a closely contested elections you've got a problem," explains Johns Hopkins' computer scientist Avi Rubin, one of the first to detail the enormous vulnerabilities in computer tabulator source code (in systems made by Diebold, in that case.)
Also today: After the nation's most conservative federal appeals court recently found Texas Republicans violated the Voting Rights Act with their racially discriminatory Photo ID voting law, the state agrees to a court-ordered remedy that broadly expands ID types that may be used for voting, re-enfranchising at least 600,000 legally registered, disproportionately Dem-leaning Texas voters in the bargain.
Finally, Desi Doyen joins us for the latest Green News Report with some accountability in Michigan, and to bat down several persistent wingnut climate changes myths (from Donald Trump and WI's Republican Sen. Ron Johnson among others) that just won't die, no matter how much independently verifiable science gets thrown at them...
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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Please read the cover story of Politico Magazine today headlined "How to Hack an Election in 7 Minutes". Ben Wofford's excellent, comprehensive feature summarizes a great deal of almost 15 years of our work here at The BRAD BLOG. He focuses his piece on the core of computer science and cybersecurity experts initially working out of Princeton University back in 2005 or so, who have, since that time, gone on to publicly hack virtually every electronic voting system and tabulator still in use around the country (and even, looking forward, hacking at least one planned Internet Voting scheme.)
We've covered and/or broke the news about many of those landmark exploits, both here and on the radio, going back through 2005 or so. I don't have time to collect all the links here at the moment, but it's very nice to see so many of them rounded up so thoroughly in Wofford's piece.
The 8,500+ word article is far too detailed to adequately summarize, or even quote from in detail here. So please go pour a tall drink or cup of coffee (you may need several, there's a lot there) and go read about the "parabola of havoc and mismanagement that has been the fifteen-year nightmare of state and local officials", as he accurately describes it, following the horrifically misguided and ill-advised move to computerized voting and tabulation systems following the 2000 election. I suspect we've filed almost as many articles on this topic as Wofford has words in today's piece!
But there's one element of his piece I want to ring in on specifically, as I think it represents something a bit more encouraging from the computer scientists who are discussed in the report than I have seen over the years...
This November, Texas voters previously disenfranchised by way of GOP state lawmaker's illicit voter suppression scheme will have the opportunity to deliver payback at the polls.
After a series of elections in which some 608,000 disproportionately African-American and Hispanic lawfully registered Texas voters saw their right to vote imperiled by newly draconian polling place photo ID restrictions, the parties to Veasey v. Abbott, the landmark challenge to Texas' strict polling place photo ID voting law, have agreed upon terms to allow all legal voters to cast their ballots. This week, following a series of crushing court defeats for Texas Republicans, the parties finally submitted a Joint Submission of Agreed Terms for the federal District Court's approval. The terms, a result of rulings by one of the most conservative appellate courts in the nation, contain a fourteen point list of remedial actions that should go a long way towards relieving the damage to democracy wrought by the Lone Star State GOP's illegal voter suppression scheme.
As U.C. Irvine Law Professor Rick Hasen reminds us, this agreement does not necessarily amount to a total capitulation on the part of Texas Republicans. By entering this stipulation, the state waives its right to appeal the agreed upon remedy. But there's still time for them --- banking on a Donald Trump victory in November --- to launch a Hail Mary effort to have the Supreme Court review the very conservative 5th Circuit's decision, which upheld the U.S. District Court's finding that SB14, the voting restriction by state Republicans, opposed for nearly a decade by state Democrats and voting rights advocates alike, violates the provisions of Section 2 of the federal Voting Rights Act (VRA) of 1965.
The agreed-upon remedies include a much broader and far more reasonable set of potential IDs that voters may use at the polling place when voting, along with the signing of a "reasonable impediment declaration" as to why they cannot obtain a photo ID. Voters who comply with these procedures are entitled to cast regular ballots --- as opposed to provisional ballots which are more easily not included in official tallies. Importantly, the reasons for signing such a declaration "shall not be questioned" by either poll workers or poll watchers, according to the terms of the agreement.
Specifically, the parties agreed on an order containing the following points [emphasis added]...
On today's BradCast, after great news on voting rights from a bunch of state and federal courts over the past week, and sudden concerns from the the Right, the Left and the corporate media about the possibility of stolen elections, the Dept. of Homeland Security is finally looking into taking action. [Audio link to today's program posted below.]
"We should carefully consider whether our election system, our election process is critical infrastructure, like the financial sector, like the power grid," DHS Secretary Jeh Johnson said this week. "There’s a vital national interest in our electoral process."
Years ago, I began reporting on the serious vulnerability of our election system to manipulation (and error) from both foreign and domestic sources. In 2006, for example, after helping supply computer security analysts at Princeton University with a Diebold touch-screen voting system for the first independent tests of such a machine, I reported both at The BRAD BLOG and at Salon that the analysts were able to hack into it, in about 60 seconds time, with a virus that would flip election results and pass itself from machine to machine with virtually no possibility of detection. That followed on an Exclusive series of 2005 reports from a Diebold insider who I called "DIEB-THROAT" at the time, describing how the company's lead programmers admitted that the security on their systems was terrible and that a branch of DHS had already warned, in 2004, about an "undocumented back door" in the systems.
In 2009, by way of just one more example, we reported here on remarks delivered to the U.S. Elections Assistance Commission (EAC) by CIA cybersecurity analyst Steven Stigall, describing how "wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to make bad things happen," before going on to note that the CIA became interested in electronic voting systems years earlier "after concluding that foreigners might try to hack U.S. election systems."
So, it is with some skepticism that I regard Johnson's remarks this week about finally taking action to identify our existing, vulnerable electoral system as "critical infrastructure". Is it too little, too late on the eve of another Presidential election? And is it even possible to protect the type of electronic vote casting and counting systems we currently use in our elections? And what does the designation as "critical infrastructure" actually mean any way?
I'm joined on today's program for some answers by Scott Shackelford, cybersecurity law and business expert from Indiana University and the Harvard Kennedy School's Belfter Center, to explain some of this, and to describe some of the ways in which the U.S. might expand existing international agreements to keep domestic elections from being tampered with by foreign powers. Shackelford, writes about the issue this week at the Christian Science Monitor in an op-ed titled "How to make democracy harder to hack."
"It definitely is too late at this point to wake up and get all 9,000 jurisdictions on board for November," he tells me today. "Maybe instead of focusing quite so much on driver's licenses [to prevent fraud] and making sure we have different IDs in some of these states, it would've been great to have put that focus a little bit more on cybersecurity. But that didn't happen."
For what it's worth, my answer, after more than a decade on this beat: No, it's not possible to protect the type of electronic systems we currently use without moving to what I describe as "Democracy's Gold Standard". But Shackelford offers several ways we can, at least, try to improve the situation and mitigate the current dangers, as well as some thoughts on why action has been so long in coming. "Elections do quite a bit to focus minds. It is unfortunate that we lose some of that focus in the aftermath of these elections," he says.
Also today, why the right to vote is so important, whether you like it or use it or not, and why, for me, at least, it's still about rights, not politics, some 52 years to the day after the bodies of civil rights activists Andrew Goodman, James Earl Chaney and Michael Henry Schwerner were found after being murdered in Mississippi for trying to help register African-Americans to vote in 1964.
And, finally, speaking of vulnerable, as deadly, climate-fueled extreme weather continues across the planet, Republican U.S. Senator Ron Johnson of Wisconsin, up for re-election this year against former Democratic U.S. Senator Russ Feingold, offers up some of the dumbest, most embarrassing, scientifically disproven and just out-and-out inaccurate arguments against taking action on climate change that he could possibly muster. All of that and more on today's BradCast...
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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IN TODAY'S RADIO REPORT: New criminal charges for MI state employees in the Flint Water Crisis; $170 million fine for Kalamazoo River tar sands pipeline spill; Many young voters don't see a difference between Clinton and Trump on climate change; PLUS: Donald Trump pushes (recycles?) tired old myths about renewable energy... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Environmental records shattered as climate change 'plays out before us'; Hurricane Drought Hits a New Record; Government Agencies Must Consider The Climate; Israel Proves the Desalination Era Is Here; Disasters linked to climate can increase risk of armed conflict; "Zombie" Anthrax Goes on a Killing Spree in Siberia--How?; Chernobyl’s Atomic Wasteland May Be Reborn With Solar; Australia Orders Climate Change U-Turn... PLUS: Poll finds Californians back climate change efforts despite cost... and much, MUCH more! ...
On today's BradCast, we examine charges made by Donald Trump of a rigged November election, the case made by Bernie Sanders supporters that Hillary Clinton may have won the primary due to election fraud, and the mainstream corporate media finally deciding that, yes, hacked voting and tabulation systems really are a threat to American elections. [Link to audio of today's program follows below.]
It's fun (not really) to see corporate media outlets --- once again on the eve a major election --- suddenlyveryworried about so much of what we have been reporting (see, literally, thousands of stories at The BRAD BLOG and on The BradCast) about the vulnerability of the U.S. electoral system. We've been warning of exactly that for more than a decade.
The recent concerns follow the hack of DNC emails, said by Dems to have been carried out by Russian intelligence agencies, months of charges of "election fraud!" from Sanders supporters, and now new charges from Trump and friends that the Presidential Election will be stolen by Dems this November by electronic voting machines or voter fraud (or whatever the hell he and his supporters are now sputtering.)
It might all have been more fun had all of the above noticed these concerns years ago, rather than right after what some believe is a stolen election and right before one that some believe could be stolen. Ya know, back when there would have been time to move to transparent voting and counting systems instead.
Nonetheless, with those real concerns --- from all sides --- of hacked, stolen, manipulated or just plain erroneously reported election results, I note that "concerns" are not proof of fraud. So, today, we examine the various arguments, including some detailed thoughts --- both critical and complimentary --- on a new 100-page draft report [PDF] by Election Justice USA, titled "Democracy Lost: A Report on the Fatally Flawed 2016 Democratic Primaries".
Their report (and others making similar charges in recent months) details what EJUSA believes to be proof and/or evidence of fraud that benefited Hillary Clinton during the primary. In stark summary (much more detail offered on today's show itself!), the group's evidence of voter registration fraud in some locations is disturbing, if not completely unlike what we've seen in previous elections. But, I am somewhat less moved by their evidence of electronic voting and tabulation manipulation, as based largely on analysis of disparities between Exit Polling and reported election results. I try and explain why I am not particularly persuaded by studies of Exit Polls in regard to U.S. elections, and why, frankly, my response to their report would be similar whether they found proof of fraud or proof of zero fraud in the election. In both cases I would say what I have been saying for years: We need publicly hand-counted, hand-marked, paper-ballots in this country in order to have real confidence in results. (That is what I've long described as Democracy's Gold Standard.)
Short of that, with computerized voting and counting systems that are difficult, if not impossible for the public to oversee, confidence in U.S. elections will continue to erode whether fraud or error actually exists in the results or not. That, in and of itself, as I have shouted for years, continues to present a grave threat to America's system of representative democracy.
All of that and the latest Green News Report, on today's BradCast...
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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On today's BradCast I'm joined by litigator Julie Ebenstein, staff attorney with the ACLU Voting Rights Project, to discuss the remarkable string of encouraging voting rights victories in courts in some six different states over just the past few days.
The long-fought and long-sought wins in both federal and state courtrooms in North Carolina and Wisconsin (as Ernie Canning reported earlier today), as well as in Texas, Kansas, Michigan and North Dakota (as summarized by The Nation's Ari Berman) in the past two weeks, have severely undercut Republican voter suppression laws imposing Photo ID voting restrictions, cuts to early voting, restrictions on voter registration and much more. As Berman writes: "The Republican war on voting rights is backfiring."
Ebenstein, who has helped lead the legal battle against these discriminatory laws for years, shares my delight over the recent rulings, but is surprised only that they have come so quickly in succession of late. "Given how extreme and egregious some of the laws are," she tells me, "I'm not surprised the courts have found they violate the Constitution. I think a lot of these laws really have gone very far to put barriers in the way of voters and, in many instances, particularly in the way of black voters."
On the courts finally striking down or weakening GOP Photo ID voting restrictions in NC, TX, WI and ND under the Voting Rights Act and/or the Constitution, she explains: "There's a broader recognition that this is really disenfranchising people in a very practical, day-to-day sense. I think the other thing the laws have highlighted, is that they're just not justified. As the North Carolina [ruling] put it, the laws constitute a solution in search of a problem. There's no evidence of any sort of voter impersonation, which is what these laws purport to protect against. So you have laws that will disenfranchise hundreds of thousands of potential voters. It's just shocking when you look at the harm these laws cause and the lack of justification that they were passed [with] in the first place."
But, she stresses, there remain a number of barriers and concerns about the November election and the various primaries leading up to it. "Even though we have a good decision, there's still going to be ongoing challenges. Things do stay in flux for quite some time," Ebenstein tells me, citing ongoing suppression tactics in a number of states, and adding, "I would encourage everybody to check right now whether you're registered, whether your registration is up to date, whether it has the accurate address on file, and [to] know what the rules are."
There's much more important information in our conversation that I can adequately even summarize here, so please give it a listen!
Also today: Hillary Clinton receives a bounce in both national and state polling (including in a number of very "red" states) following last week's Democratic National Convention in Philadelphia and Donald Trump's subsequent attacks on the parents of a Muslim-American U.S. Army Captain who is said to have given his life protecting fellow troops in Iraq in 2004. President Obama has declared Trump "unfit" for office in the bargain, and a number of high-ranking, elected GOPers have denounced Trump for it in recent days, but almost none have unendorsed the Republican nominee, much less announced an intention to keep him out of office by voting for Clinton. All of that and election-hating monkeys gone wild on today's BradCast!
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IN TODAY'S RADIO REPORT: Democrats make the case for action on climate change and clean energy jobs at the Democratic National Convention, while smacking Republicans and Donald Trump for denying science; PLUS: Another deadly extreme rainfall event, this time in Maryland... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): New York adopts renewable energy standard, subsidizing nuclear energy; California adds weedkiller atrazine to toxics list, avoids outright ban; Toxicologist: State's claim that NC water was safe 'scientifically untrue'; Federal coal ash case could impact cleanups beyond VA; Chernobyl's toxic wasteland may be converted to solar farm... PLUS: We were promised the greenest Olympics ever. We got an ecological disaster... and much, MUCH more! ...
The good news is that over the past week two federal courts struck down multiple provisions of GOP-enacted voter suppression laws in Wisconsin and North Carolina. The cautionary news is that the rejection of 21st century Jim Crow-style disenfranchisement at the polls, and, indeed, the fate of democracy itself, may well now hinge on the outcome of the 2016 Presidential election.
The prospect of a Donald Trump presidency does not merely, as suggested on a recent BradCast by The Nation's John Nichols, portend a descent into fascism and "madness." A Trump victory would permit Republican-appointed Supreme Court "radicals in robes" and their anti-democracy agenda to recapture the majority status they lost last February with the passing of the late Supreme Court Justice Antonin Scalia.
Consider the long term impact of a Trump-selected Supreme Court Justice. A quarter century has passed since the late Senator Edward "Ted" Kennedy (D-MA), during the 1991 Clarence Thomas Senate Judiciary Committee Confirmation Hearings, observed:
If we confirm a nominee who has not demonstrated a commitment to core constitutional values, we jeopardize our rights as individuals and the future of our nation. We cannot undo such a mistake at the next election or even in the next generation.
In the first voting rights case to see a ruling come down last Friday, North Carolina NAACP v. McCrory, the good news is that a unanimous three-judge panel of the U.S. 4th Circuit Court of Appeal struck down as unconstitutional a comprehensive GOP voter suppression scheme that the court determined had been deliberately designed to have a retrogressive impact on the right of African-Americans to participate in electoral democracy. The state Republican legislature's scheme, the court held, was specifically designed to "target African-Americans with almost surgical precision."
The bad news, however, is that over the past three years --- a period that included the 2014 midterm election and this year's primary elections --- this unconstitutional scheme was the law of the land in North Carolina only because a cabal of five Republican-appointed Supreme Court Justices gutted a key provision (Section 5) of the Voting Rights Act (VRA). That section required pre-clearance from either the U.S. Department of Justice (DoJ) or a three-judge U.S. District Court panel before election restrictions of the type enacted by NC could have implemented. In arriving at their decision, the 4th Circuit judges rejected as "clearly erroneous" the factual findings of a George W. Bush-appointed U.S. District Court Judge who had previously upheld this racially motivated scheme's constitutionality.
In the second case last week, One Wisconsin Institute v. Thomsen, the good news is that U.S. District Court Judge James D. Peterson, after a full trial on the merits, struck down as unconstitutional eight (8) specific aspects of eight (8) election laws that were enacted after the election of Wisconsin's Republican Governor Scott Walker and Republican majorities in both houses of its state legislature. The bad news is that a previous decision handed down by Republican appointed "radicals in robes" on the 7th Circuit Court of Appeal --- a decision that became final after the Supreme Court declined to hear the case --- prevented Judge Peterson from reevaluating the constitutionality of a strict polling place photo ID law in WI even though his honor acknowledged that, in seeking to remedy the phantom menace of in-person voter fraud, Republicans had created "a cure worse than the disease."
The importance of the next Supreme Court Justice was underscored by Judge Peterson's suggestion that both the 7th Circuit and the Supreme Court should revisit the issue given that "the evidence in this case casts doubt on the notion that [photo] ID laws foster integrity and confidence" in the electoral process...
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