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Latest Featured Reports | Friday, November 8, 2024
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Guest: Cybersecurity journalist Kim Zetter on her jaw-dropping new exclusive finding battleground election systems vulnerable on the Internet despite claims to the contrary by elections officials, private vendors...
By Brad Friedman on 8/16/2019 6:29pm PT  

On today's BradCast: Elections officials seem to be panicking around the country, and for good reason. But their concerns may be coming a bit late...perhaps a decade or so too late, as virtually every aspect of our "public" elections in the U.S. --- from ballot programming to registration to voting to vote tabulation to election results reporting --- has now been allowed to have become largely taken over by private vendors and contractors, with little or no oversight from either state or federal officials. [Audio link to today's full show is posted at end of article.]

An exclusive analysis last month by AP found that virtually all voting systems currently in use in the nation's 10,000 separate voting jurisdictions in all 50 states run on software --- Windows 7 or earlier --- that will no longer be supported by Microsoft with regular security updates and patches as of January. That includes systems certified by the U.S. Elections Assistance Commission (EAC) from the nation's largest private elections vendors as recently as this year. Those newly certified systems still use Windows 7, which was released a decade ago in 2009.

Of course, the EAC's certification process --- for the few states which choose to follow federal voluntary (yes, voluntary) guidelines --- has been laughable for years. It focuses on usability and functionality, not security. Most systems in the U.S., if they are EAC certified at all, were tested to guidelines published by the EAC in 2005.

At a summit this week of elections officials and vendors, hastily convened by the EAC in Maryland in response to the disturbing AP analysis, officials complained about the lack of federal support and standards, and that financially strapped and technologically challenged elections divisions at both the state and local level are realizing only now that they are being asked "to take part in what is national security" with little or no help from the federal government. One official at the EAC confab reportedly complained: "We are talking about local communities having trouble funding roads and water bills, and now we want them to take part in defense against foreign and state actors."

Of course, it is not only nation-states like Russia that pose a threat to the security of America's vulnerable, computerized and privatized public elections, so do regular old Americans, as the recent hack by a woman in Seattle of more than 100 million customer records at Capitol One proved, along with the vulnerabilities in brand new voting and registration systems discovered by hackers in a few hours at the DefCon Voting Village convention last weekend in Las Vegas.

All of this comes on the heels of Thursday's federal court ruling finding Georgia's voting systems to be so "unsecure, unreliable, grossly outdated....seriously flawed and vulnerable to failure, breach, contamination and attack" that the judge declared the systems (which are similar to ones used in several other states) a violation of voters' Constitutional right to have their votes counted as cast.

But all of that might ultimately be small potatoes in light of longtime cybersecurity journalist and author KIM ZETTER's recent exclusive at VICE's Motherboard, finding that "Critical U.S. Election Systems Have Been Left Exposed Online Despite Official Denials". Zetter, one of the only journalists in the nation who has been covering these matters as long or longer than we have at this point, joins us on today's program to explain her jaw-dropping article which begins this way: "For years, U.S. election officials and voting machine vendors have insisted that critical election systems are never connected to the internet and therefore can't be hacked. But a group of election security experts have found what they believe to be nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states. These include systems in nine Wisconsin counties, in four Michigan counties, and in seven Florida counties --- all states that are perennial battlegrounds in presidential elections. Some of the systems have been online for a year and possibly longer."

In many cases, she tells me, the elections officials seemed to have no idea that their systems were connected to the Internet by their vendors. As for the vendors' part --- in this case, the nation's largest, ES&S --- Zetter explains their bizarre claim that voting and backend tabulation and reporting systems connected around the clock for years at a time aren't really connected to the Internet at all --- and, even if they are, they are perfectly secure. Zetter and the data researchers found otherwise.

The systems found vulnerable on the net, she details, would allow a malicious actor to change unofficial election night results, official results, and the public reporting of the results themselves. Moreover, she explains, access to the exposed backend portions of these systems over the Internet could also result in malware being transferred to voting machines themselves. And all of this was discovered by a small team of researchers with little or no funding. No nation-state required, she confirms.

"If it was just a box on the Internet that was receiving the votes transmitted [on Election Night from the precinct] that would be a security problem in itself, not only because you could potentially alter those votes. They are unofficial results on Election Night --- and the officials results are taken from the actual memory cards in the voting machines. But if you can alter the unofficial results, that's going to create a lot of mistrust in the final outcome if they don't match," she says.

"But even if you don't alter those votes, that communication over the phone between the voting machine in the field and that backend server that's on the Internet creates a channel for infecting those voting machines. So, someone who could actually install that malware on that system on the Internet can design it in such a way that it downloads to the voting machines when they connect to that system. So the attackers can alter that voting machine in preparation for a future election."

"But that's not the only problem," she continues. "If that was the only thing that was on the Internet, that would be a concern in itself. What was remarkable is that ES&S acknowledged to me that they don't just put an empty box on there to receive the votes. Also connected to that Internet connection is the backend system for tabulating both the unofficial results on Election Night, and those official results that are later taken from the memory card."

"And the Election Management System is also connected. The Election Management System is used to do a lot of functions in elections. Among them is the actual programming of these voting machines before each election. So, if you don't get to the machines through that little receptacle that's connected to the Internet, you can get to that backend Election Management System and put in malicious code that then gets transferred directly to the voting machines before the next election."

But, of course, other than that, why worry, right? Well, Zetter has much more to say on that as well, including about Republican Senate Majority Leader Mitch McConnell's continuing efforts to block any and all election security measures in the Senate that might help shore up at least some of these concerns, including bills already passed by the House that would mandate hand-marked paper ballots for all voters. Even that, at this point, wouldn't fully protect against attacks on computer optical-scanners currently used in all 50 states to tabulate those ballots with little or no post-election audits to make sure they did so accurately...

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Guest: Plaintiff Marilyn Marks says landmark ruling finding Georgia's voting system unconstitutional is a victory for voters across the nation...
By Brad Friedman on 8/15/2019 6:10pm PT  

We've got some pretty huge and long-overdue breaking news today from a federal court in Atlanta. It's huge enough that we dumped what we were previously planning to cover to devote today's BradCast to the judge's new order in a case that we have been following now for years. [Audio link to show follows below.]

U.S. District Court Judge Amy Totenberg, in a 153-page ruling [PDF], finds that Georgia's 100% unverifiable Diebold touchscreen voting systems, in use in the state since 2002, are not fit for U.S. elections because they are "unsecure, unreliable and grossly outdated". They are so unsecure, in fact, that they violate the Constitutional right of voters to have their votes counted as cast.

"Georgia’s current voting equipment, software, election and voter databases are antiquated, seriously flawed and vulnerable to failure, breach, contamination and attack," Totenberg writes.

She excoriates the state Defendants --- former Republican Sec. of State, now Governor Brian Kemp and current Sec. of State Brad Raffensberger --- for lying about facts and evidence in the case (though she is only slightly more polite in her wording, by describing the "Defendants' inconsistent candor with the Court") and for dismissing the many long-proven security concerns about these systems as "fantasy" forwarded by Plaintiffs.

While Judge Totenberg will allow the old Diebold touchscreen Direct Recording Electronic (DRE) systems to be used one last time in Georgia's municipal and county elections this November, she makes it clear they may not be used again in 2020 or thereafter under any circumstances. She also offers several hints that the state's recently selected new touchscreen systems, now planned to replace the old ones, may also be found unconstitutional in further proceedings, leaving the clear preference of cybersecurity and voting systems experts --- hand-marked paper ballots --- as the only option likely to meet requirements for auditability and Constitutionality.

We're joined to explain all of these details and much more today on what is a clear, overdue --- if not (yet) total --- victory, by plaintiff MARILYN MARKS, Executive Director of the Coalition for Good Governance. She has been joining us on the show for a number of years now with updates on each important aspect of this broad and gruelingly long case since filing it about two years ago. Marks calls today's ruling a victory not just for Georgia voters, but for those in many states where similar systems are now used --- including some where newer, if still unverifiable, touchscreen systems are being planned for use in 2020.

"The court ruled that DREs are unconstitutional. And that anybody voting on these things should be worried about their vote," says Marks. "Of course, this doesn't relate just to Georgia. The words of this federal court will be heard around the United States. Hopefully this will have an impact on other jurisdictions" where, she hopes, they will take notice of the judge's words recommending hand-marked paper ballots.

Marks explains that Judge Totenberg does not appear much happier with the new system Georgia now plans to use in 2020, though was unable to offer a finding on it, yet, given that the state just finalized their decision last week. But, Totenberg offered warnings about those new touchscreen computer Ballot Marking Devices (BMDs) in several places in the ruling, such as when she warned: "The past may here be prologue anew — it may be 'like déjà vu all over again.'"

Indeed, Marks says her non-partisan organization plans to seek an injunction on use of Georgia's new, equally unverifiable touchscreen systems as well, and that Totenberg, perhaps with that in mind, has ordered that a number of counties run hand-marked paper ballot pilot elections this year in advance of next year's Presidential primary elections. "We will absolutely be launching a constitutional challenge against Ballot Marking Devices," she vowed.

"Surely they realize that the hand-writing is on the wall and they've got to quit fighting for unverifiable elections. I would think Georgia voters are going to get pretty sick and tired of this. Most of these guys are elected officials, so I think that they need to consider the political consequences if they want to continue to fight for unverifiable elections."

As to allowing the old, unconstitutional systems to be used one more time in the state's 2019 municipal elections, Marks advises: "While they can be used in November, they shouldn't be used in November. Those people on the ballot, those people voting in the municipalities, should demand right now --- right now is the time to do it --- that their county, their municipality go ahead and use hand-marked paper ballots. They've got the equipment for it [since they already use hand-marked ballot systems for absentee voting across the state] they've got the know-how, they ought to do it."

In one other key element of this case, as Marks explains, the Judge also ordered a review of the state's electronic pollbook systems which resulted in failure and chaos and disenfranchisement during last November's general elections. She has ordered that polling places must have paper backup pollbooks on hand in elections moving forward, to avoid the disenfranchisement of voters when electronic voter registration systems fail on Election Day or are manipulated by malign actors.

"Just like with any computerized voting component, it can be hacked," Marks tells me regarding the state's ES&S ExpressPoll registration computers used in the Peach State's precincts. "There can be errors. There can be mis-programming. And that's been occurring in Georgia. [Judge Totenberg] asked us to bring her evidence. We brought her hundreds of affidavits of people who were turned away at the polls who should not have been. We brought her evidence of software problems in the e-pollbook system. And therefore she said, 'Enough of this! Go fix the system!'"

She continued: "I get it as to why computerized [registration] records can be very helpful here, but let's use some common sense. And the judge has said have a paper backup so that if there is a question that needs to be adjudicated, use the official paper backup. And look it up right there, and don't run people away from the polls. Give them their ballot."

In fact, in her ruling, the judge cites "threats of contamination, dysfunction, and attacks on State and county voting systems, disparaged by the Secretary of State’s representatives...as a fantasy and still minimized as speculative" by the Defendants as recently as a hearing in the case this year. That, Totenberg notes, despite threats "identified in the most credible major national and state cybersecurity studies and official government reports." She even cites "real life" incidents that "played out with the United States’ July 2018 criminal indictment of a host of Russian intelligence agents for conspiracy to hack into the computers of various state and county boards of election and their vendors as well as agents' efforts during the 2016 election to identify election data system vulnerabilities through probing of county election websites in Georgia and two other states." All of which, writes Totenberg --- as Marks has long been arguing --- serves to "burden Georgia citizens' right to cast a vote that reliably will be counted."

As to the lies --- er..."inconsistent candor with the Court" --- Marks notes the Secretary of State's staff told "just absolutely black and white lies. They didn't mind lying to the court. And one has to wonder what is it that they are hiding that makes it worth lying to the court, and facing the potential consequences of lying to the court." She told me she intends to seek sanctions from the court for those lies in the days ahead.

So, yes, some big --- and very good --- news for a change today!

Finally today, the one thing we did not throw over to make room for the landmark ruling out of Georgia, Desi Doyen joins us for the latest Green News Report on global warming-fueled toxic algae blooms now killing dogs in a number of states; Big Oil pushing into plastics manufacturing as gasoline demand declines in the wake of the electronic car revolution; plastic pollution found in falling snow in the otherwise pristine Arctic; and Democratic-led states suing Trump's EPA to block his rollback of Obama's Clean Power Plan...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/15/2019 11:54am PT  


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IN TODAY'S RADIO REPORT: Global-warming fueled toxic algae blooms killing dogs in several states; Big Oil now pushing big time into plastics manufacturing; Plastic pollution found falling in snow in the Arctic; PLUS: Democratic states sue to stop Trump EPA's dirty power plan... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 2°C Beyond the Limit: Extreme climate change has arrived in America; Teen climate activist Greta Thunberg sets sail for U.N. climate talks; India floods kill more than 270, displace one million; Simultaneous hack of EV chargers could cause Manhattan blackout, NYU researchers find; In Iowa, candidates are talking about farming's climate connections like no previous election; Heavy metals found in groundwater near Florida coal plants; Trump defended toxic chlorpyrifos pesticide. California will ban it; Iowa governor stops state from challenging Trump coal rule... PLUS: Coal Is Over': The coal miners rooting for the Green New Deal... and much, MUCH more! ...

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Guest: 'Atomic Analyst' Stephen Schwartz on the still-unfolding nuclear weapons test disaster in Russia; Also: Stacey Abrams announces Fair Fight 2020 to help Dems protect voters in next year's crucial elections...
By Brad Friedman on 8/14/2019 6:25pm PT  

No, 'Skyfall' is not the nickname for the 800 point plummet in the Dow Jones Industrial average on Wednesday in response to signals of an imminent recession not seen since 2007. In the context of today's BradCast, it's the nickname given by NATO to an experimental Russian nuclear-propelled cruise missile project that appears to have gone horribly --- and tragically --- awry a few days ago. The consequences of yet another secretive nuclear accident in Russia have left western nuclear weapons analysts guessing as to what is now actually going on near the disaster site in northern Russia. [Audio link to full show is posted at end of article.]

But, before we get to that story today, a few quick news items of note regarding the 2020 election. Popular Georgia Democrat, Stacey Abrams, has announced the launch of a new project called Fair Fight 2020 to focus on election protection in about 20 swing-states and several (Kentucky, Louisiana and Mississippi) with gubernatorial elections next year. The effort comes out of Abrams own experience fighting massive voter suppression in her gubernatorial contest last year against Republican Brian Kemp who, as Georgia's Sec. of State, purged roles and helped suppressed minority voters across the state while overseeing his own reported narrow "victory" on the state's 100% unverifiable touchscreen voting systems.

Abrams, who would have become the nation's first African-American female Governor, has also been seen as a potential 2020 candidate for President. She has announced her plan to roll out this new, much-needed initiative to help Dems prepare well in advance (for a change) before next year's elections, in hopes of combating the many, inevitable anti-voter tactics expected by Republicans. The project comes in lieu of running for President or Senator in the Peach State, where she would have a very good chance of unseating Republican Sen. David Perdue next year.

While a Senate run would have been welcomed by many (she has said she is still open to a Veep nod), her Fair Fight 2020 effort is both very important and very much needed to help Dems win back both the White House and possibly U.S. Senate next year. We contrast her effort on today's show with that of California billionaire Tom Steyer, who recently-announced his own, likely-pointless run for the Democratic nod. Steyer has vowed to spend $100 million on his own campaign, instead of using that money to help Democrats --- for example, the nearly 1 million voters who are currently being blocked by Republicans from even being allowed to register to vote in the key battle-ground state of Florida.

Then, we are joined by STEPHEN SCHWARTZ, longtime nuclear weapons policy analyst and former Executive Director and Publisher of The Bulletin of Atomic Scientists (the folks who bring us the infamous Doomsday Clock), where he now serves as a Senior Fellow. He's here to help us unravel the disturbing nuclear mystery that is currently unfolding in northern Russia.

Last Thursday, an explosion on a Russian missile testing platform in the White Sea resulted in the deaths of at least seven people, including five nuclear scientists. After several days of conflicting information about the incident, Russia finally conceded that an incident with a "nuclear isotope power source" had released radiation during an off-shore test. A town nearby saw a spike in radioactivity at least 16 times its expected normal background radiation and the hospital rooms where the injured were taken were sealed off after patients and the doctors who treated them were mysteriously transported to Moscow for observation.

The accident, as Schwartz details, is believed to have been part of the experimental nuclear-powered missile program that Russian President Vladimir Putin described last year in remarks to Parliament as a cruise missile that is propelled by a small nuclear reactor, allowing it to fly indefinitely on a path too unpredictable to be intercepted by defensive missile systems. The Russians call the project Buresvestnik. NATO has dubbed it Skyfall.

Schwartz cites the lack of information and conflicting details being made available by Russia as a relic of the secrecy mindset of the old Soviet Union. "Old habits die hard," he tells me. "The Soviet Union is gone, Russia remains. But this reaction is quite reminiscent, not just of Chernobyl, but also of the sinking of the Kursk ballistic missile submarine in August of 2000" as well as other nuclear accidents going back to the 1950s Cold War era. "Their first approach is admit only what you have to, to try to make the situation seem not so terrible. And then when you can't do that, you admit as much as you have to, in order to try to deal with whatever the concerns are."

While western analysts like Schwartz have been pouring over local media reports and grainy satellite photos to learn what may have happened and what the ongoing fallout appears to be, Donald Trump tweeted out a reaction in which he described the incident as "Not good!" and claimed that "we have similar, though more advanced, technology". That is either a lie, something that Trump misunderstood, or a program that is so highly classified it remains currently unknown outside of the U.S. government, Schwartz explains, citing a long-shelved Cold War project called "SLAM --- for Supersonic Low Altitude Missile --- that would have been powered by a reactor that had the code name of Pluto". That, he says, was a "dangerous weapon" believed to have been abandoned as of 1964, given the danger of "spewing highly radioactive exhaust everywhere it goes" as it would fly over allied nations on its way to the Soviet Union, among other concerns.

We also discuss why both Putin and Trump appear to be entering into a new nuclear arms race as Russia responds to U.S. missile defense systems being deployed to nations which border Russia. Why would Russia even want to produce such a weapon that amounts to a "flying reactor"? "We've made a lot of claims about our system," Schwartz says. "Most of them are not true. But the Russians have an undying faith in American technology and a fair degree of paranoia about what we're going to do with it. And they've decided that they need to find a way to counter it. Their fear, their paranoia, their desire to make sure that we cannot destroy them as a country has led them to the point where they're testing this exceedingly dangerous weapon."

That effort, he explains today, has now become a disaster with very serious consequences that we are only beginning to learn about as the world's latest nuclear tragedy continues to unfold....

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Also: Judge overturns Mnuchin scheme to make 'dark money' even darker; Texas sued for tossing out absentee ballots without notifying voters...
By Brad Friedman on 8/13/2019 6:39pm PT  

"You've heard about 'Draining the Swamp'," Donald Trump's Acting Chief of Staff and Office of Management and Budget Director told a bunch of GOPers at a fundraiser recently in South Carolina. "What you haven't heard is what we're actually doing." He's right. We try to do something about that on today's BradCast. Again. [Audio link to show is posted at end of summary.]

Lack of funding and a hiring freeze by the Trump Administration has resulted in a shortage of correctional officers at facilities like the federal lockup in Manhattan where accused sex trafficker Jeffrey Epstein was found dead on Saturday morning. The billionaire financier and friend of Trump was supposed to have been monitored every 30 minutes by correctional officers after being removed, for some reason, from the prison's "suicide watch" list just 6 days after he reportedly tried to kill himself. But media reports say that Epstein was not monitored for hours before being found dead. Both of the officers tasked with the job were working overtime and one was merely a substitute, reportedly, not fully trained for it. Trump's Attorney General Bill Barr has temporarily suspended both of them and reassigned the warden at the Metropolitan Correctional Center, as he claims to be seeking accountability for the failure at the federal Bureau of Prisons (BOP) facility overseen by the Attorney General.

The lack of federal funding at BOP is not an accident, of course. It's just one small part of this Administration's ongoing efforts to, as Mulvaney admitted, "streamline government" by making it simply disappear any way they possibly can. As Trump's Director of the OMB, Mulvaney attempted to cut funding in half for several key scientific and economic departments at the U.S. Department of Agriculture. When Congress rejected those cuts, the Administration implemented Plan B, which is what Mulvaney was bragging about to the Republican donors in South Carolina. The USDA gave just over 30 days for career officials at two important and long-established USDA agencies, the Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA), to decide if they wished to uproot their lives and those of their family's to move to Kansas City (either Missouri or Kansas, USDA Secretary Sonny Perdue has not told anyone which state it will be) or be fired.

Matt Shuham at Talking Points Memo has been covering the ongoing crises at the two agencies in a series of stories, documenting how senior officials, with decades of institutional knowledge are being lost in the bargain, as more than half of those longtime federal workers have chosen against moving 1,000 miles across the country before the end of September.

"It's nearly impossible to fire a federal worker," Mulvaney complained while explaining the Administration's scheme for forcing longtime federal employees to either move to "the real part of the country" or quit. "They quit," Mulvaney boasted to the delight of the corporate GOP funders. "What a wonderful way to sort of streamline government and do what we haven't been able to do for a long time." One of Shuham's latest reports details the gut-wrenching decision of a 30-year veteran branch chief at the ERS, who says that staffers working on everything from researching genetically engineered seeds to soil conservation to climate change are almost all entirely gone from the agency now, along with hundreds of years of collective knowledge and institutional experience. Ironically enough, when Purdue issued the letter to employees notifying them of the move, he claimed it was being done, among other reasons, to "improve USDA's ability to attract and retain highly qualified staff."

The gutting of the USDA is a "test case", one economist at ERS said. "If they can carry this out, what’s to stop them from doing this on a larger scale to another agency?" The answer: Nothing. They are already doing something identical to the Bureau of Land Management at the Dept. of Interior. And there will be more to come if these moves aren't somehow blocked. Donald Trump is actively and purposely killing your government and both he and corporate industry interests couldn't be more delighted about it. This will only be stopped --- maybe --- if he is turned out of office no later than next year.

To that end, we catch up on a couple of (mostly) good news elections-related stories today as well. In Montana, a federal judge has overturned a new rule by Treasury Secretary Steven Mnuchin that would have allowed "dark money" non-profit 501(c)4 groups to keep their donors a secret from the IRS. Such groups are already exempt from disclosing their funding sources publicly, but Mnuchin didn't want even the Government to know where their money used for elections is coming from either. A lawsuit by Montana Governor and 2020 Democratic Presidential hopeful Steve Bullock has successfully blocked that new rule --- for now. It would have made it almost impossible for the Government to determine if foreign sources were unlawfully funding elections work by such groups.

And down in Texas, the Texas Civil Rights Project and other plaintiffs are suing the state on behalf of voters to force election officials to notify voters when absentee vote-by-mail ballots are rejected by county election officials in time to correct any perceived signature mismatches. Such decisions are largely ad hoc from county to county --- elections officials are not hand-writing experts after all --- as there are no statewide standards for making the determination that the signature on the vote-by-mail ballot does not match that of the registered voter. Thousands of ballots in the Lone Star state have been tossed without the knowledge of voters who, under state law, do not need to be notified about signature mismatches that will keep their ballots from being counted, until 10 days after the election. With Texas potentially in play for Democrats next year, every vote may very well matter. So this lawsuit, like similar ones successfully filed in other states in recent years, is very important on several levels.

Finally, Desi Doyen joins us for our latest Green News Report, in which another new rule imposed by the Trump Administration's Dept. of Interior is set to gut federal protections for thousands of endangered species; his EPA has cleared the way for an enormous, controversial mine project in Alaska which threatens key, pristine salmon fisheries in the region; and with details on the one energy project that the Administration is suddenly interested in slow-walking for some reason...

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By Desi Doyen on 8/13/2019 11:10am PT  


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IN TODAY'S RADIO REPORT: Trump Interior Department moves to gut the Endangered Species Act; EPA paves the way for controversial Pebble Mine to go forward in Alaska; Bad news for anything that breathes near animal feedlots; PLUS: The one energy project that the Trump Administration doesn't mind slowing down... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Toxic blue-green algae is a climate-pumped threat to pets and people; World’s 6th largest bank thinks the writing is on the wall for the oil industry; Hollywood's next star could be virtual power plants as Los Angeles closes out natural gas; 'Lithium's not the only game in town': Energy storage hopefuls eye breakthrough; Electric cars look to be Colorado’s most powerful climate tool; Trump EPA won’t approve warning labels for Roundup chemical glyphosate... PLUS: FirstEnergy coal unit at center of Trump bailout bid will shut 19 months early... and much, MUCH more! ...

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Also: Andrew Cohen of The Marshall Project on America's shameful epidemic of prison suicides; Plus: The Administration's new rules to restrict legal immigration and gut the landmark Endangered Species Act...
By Brad Friedman on 8/12/2019 6:46pm PT  

On today's BradCast, it's one of those shows you may have to take a shower after --- or even during. Apologies in advance. [Audio link to full show is posted below.]

We start today with the easy stuff. The Trump Administration announced two new federal rules of note on Monday. Both include major changes to federal law without Congress actually voting to have changed anything and both will result in lawsuits from opponents.

The first is a change to the law that would further restrict legal immigration to the U.S., by barring green card status in the country to whomever the Administration believes is not wealthy enough and may require public assistance. The move, if not blocked by the courts, would put the emphasis on the skills of immigrants seeking permanent status, rather than on family reunification. The new rule would prevent many U.S. citizens from being joined here by parents, siblings or children.

The Administration's other major rule change today is to significantly weaken the landmark Endangered Species Act on behalf of industry profits. The ESA has protected thousands of plants and animals from becoming extinct since President Richard Nixon signed it into law in 1973. Trump's changes would end protection for plants and animals newly deemed threatened and allow federal officials, for the first time, to consider the economic costs of protecting a particular species. The change could also allow officials to disregard the impact of climate change when determining which species require federal protection. Both rule changes, according to opponents, are unlawful and will face legal challenges almost immediately.

Next, we turn to the weekend's disturbing news regarding the death of imprisoned financier, sexual predator and former Donald Trump friend, Jeffrey Epstein. The accused pedophile was found dead Saturday morning alone in his federal prison cell in lower Manhattan where he was supposed to have had a cellmate and guards that were supposed to monitor him every 30 minutes. His death came less than 24 hours after thousands of documents from an earlier lawsuit were publicly released, revealing lurid allegations that he'd sexually abused scores of young girls and just two weeks after he'd been removed from "suicide watch" after reportedly trying to kill himself just six days earlier.

There are many questionable circumstances that resulted in Epstein's death, angering elected officials, his many victims and even Trump's Attorney General who claimed to be "appalled". Barr announced over the weekend that he had tasked the Dept. of Justice Inspector General to investigate the matter. But, of course, conspiracy theories began flying almost immediately upon the news of Epstein's death, given his years of contact with high profile celebrities from Presidents to prime ministers to princes to other politicians and titans of industry and the academic world. Those conspiracies are hardly surprising. But the fact that Donald Trump, over the weekend, tweeted out several such conspiracies, attempting to tie Epstein's death to Bill Clinton, suggesting the former President had a hand in murdering the accused sex trafficker and may even have been a "pedophile" himself, seems to be a new low, even for this President.

Of course, while there is no evidence that Clinton was a close friend of Epstein's, Trump is known to have partied with him on several occasions, telling New York magazine in 2002 that he had "known Jeff for fifteen years" by that time, that he was a "terrific guy" and a "lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side." Trump's senior White House adviser Kellyanne Conway actually defended Trump's Twitter smears of Bill Clinton, claiming on Fox "News" on Sunday that "the President just wants everything to be investigated".

Okay. If so, does he also want a proper investigation of the detailed 2016 lawsuit filed against him and Epstein --- before many of the allegations against Epstein had even come to public light --- by a woman who claims she was raped and abused by both men when she was 13 years old? Trump vigorously denied the charges at the time, and the case was eventually dropped after the woman says she faced death threats. But, given the many credible allegations of sexual assault by Trump, including from his own ex-wife who claimed at one point she was also raped by Trump, there is certainly more evidence to support that conspiracy than the ones forwarded by the President of the United States over the weekend following Epstein's death by apparent suicide --- in a federal prison overseen by Trump's own Administration.

While we have never discussed those rape allegations against Trump by the anonymous woman on The BradCast before --- yes, we saw them originally when they appeared in 2016, but didn't share them on air, preferring not to traffic in unverified allegations --- it seems that Trump himself has no such reservations. That, even after the death of his sexual predator friend in a federal prison overseen by his own federal Bureau of Prisons. If Trump is happy to spread wildly defamatory unsubstantiated allegations about former Presidents, I guess its now appropriate to publicly share allegations with far more substance since, right? According to Conway, after all, he "just wants everything to be investigated." And, as noted, we just want to take a shower at this point!

Finally, setting aside grotesque conspiracies, ANDREW COHEN, senior editor at The Marshall Project, a nonprofit news organization which reports on the U.S. criminal justice system, and a fellow at the Brennan Center for Justice, took the opportunity of Epstein's death to note that it was "completely predictable". Not due to Epstein's high-profile or even the particular circumstances of his case, but because there is what Cohen describes as an "epidemic" of prison suicides in U.S. prisons.

He explains that the epidemic --- shamefully resulting in an all-time high of hundreds of suicides in both federal and state prisons each year --- is the number one cause of death in such facilities. Cohen says the epidemic crosses all demographics and has been exacerbated --- arguably, even caused --- by a lack of interest or empathy by prison officials and both funding and interest from elected officials. "There's plenty of blame to go around," he tells me. "Yes, it's a long term problem [and] yes, it's gotten worse under the Trump Administration."

If anything good can possibly come of all of these horrific events, perhaps it begins in conversations like the one we have on today's program with Cohen. After your shower, I hope you will tune in for it...

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By PDiddie on 8/11/2019 6:24am PT  

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Guest Hosted by Nicole Sandler with author Jeff Sharlet; Also: News of the day and the world warns of our gun violence epidemic...
By Nicole Sandler on 8/9/2019 3:18pm PT  

It's Nicole Sandler, back with you today, guest hosting the BradCast. As usual, we begin the program with an update on the latest news of the day, and then a few words about our horrific gun violence epidemic in the USA.

I mentioned an article I wrote six years ago, calling on the civilized nations of the world to issue travel advisories warning their citizens that travel to the US isn't safe, figuring that perhaps hitting our cities in their tourism pocketbooks might provide some incentive for Congress to do something! You can read that article here.

Today, I was happy to share the news that Amnesty International has issued a very strong advisory about the dangers of traveling to the U.S. due to the guns!

My guest today is JEFF SHARLET, author of The Family: The Secret Fundamentalism at the Heart of American Power which has just been adapted into a five-part series that begins streaming on Netflix today!

Enjoy!...

Download MP3 or listen online below...

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Brutal ICE raids in MS; WH denial over domestic terror; MT assaulter acted on Trump 'rhetoric'; 'The OC' turns 'blue'; TX may soon do same...
By Brad Friedman on 8/8/2019 6:35pm PT  

Well, today's BradCast features an epic righteous rant or two for your listening pleasure, as we begin with some grim news of the day but finish with a much brighter outlook for the near future. [Audio link to show is posted below.]

  • First up today, the dark news out of Mississippi where Trump's federal deportation forces waited for the first day of the school year --- and the day after Tuesday's state and legislative primary elections --- to violently round up nearly 700 longtime immigrant workers at various food processing plants around the state. The record ICE arrests came just days after 22 were gunned down in the heavily Hispanic town of El Paso, Texas by a white supremacist who echoed Trump's words about an "immigrant invasion". Children in the MS towns reportedly came home from school to find parents gone, toddlers and infants were not picked up at day care, and local news highlighted a number of children roaming the street in tears, terrified about was happening to them and their families. It seems the federal government made no plans for what would happen when the U.S. citizen children of immigrants were violently hauled away. Even one U.S. citizen worker was tazed and knocked to the ground by the out-of-state invading ICE thugs;
  • At the same time, in an exclusive from CNN, details of the White House's purposeful failure to take action on the quickly growing threat of domestic terrorism by white supremacists like the shooter in El Paso, and so many other similar cases in recent years. According to the report, based on sources said to include current and former senior Administration officials, many in the Department of Homeland Security had been trying for some time to force the White House to take the rising menace more seriously, but those closest to Trump were reluctant to do so for fear it would "trigger the boss".

    Trump, like many Republicans and Fox "News" zombies have spent years in denial (or supportive) of the threat of domestic terror by rightwing extremists such as white supremacists. In 2009, after an outcry by Republicans, the Obama Administration shamefully withdrew a DHS draft report [PDF] on the growing threat of rightwing extremism that had been largely prepared during the George W. Bush Administration. There was no such outcry over a similar report, released without incident, on leftwing extremism. Nonetheless, Obama's DHS chief buckled, apologized(!), withdrew the draft report, and the DHS group which created it was largely dismantled. With increasing evidence of the white supremacist threat --- even cited by Trump's own FBI Director --- the Trump Administration has continued to insist on focusing on jihadist terror and illicit drug importation instead. That, as they exercise their own white supremacist terror on immigrant communities such as those across the state of Mississippi on Wednesday, a state with one of the lowest populations of undocumented immigrants in the nation;

  • All of this, of course, sends a very clear message. It was one that appears to have been heard loud and clear by a 39-year old man in Montana who placed a 13-year old in choke-hold and fractured his skull when body-slamming him to the ground after the boy refused to remove his baseball cap during the national anthem at a rodeo. The man's lawyer contends the U.S. Army veteran who had suffered his own brain injury in 2000, was acting on the President's "rhetoric". He told the local paper in Montana that the man's "Commander-in-Chief is telling people that if they kneel, they should be fired, or if they burn a flag, they should be punished." While he says the man takes "a big portion of accountability for what took place...there was other things at work here that definitely contributed". The attorney argues that “Trump never necessarily says go hurt somebody, but the message is absolutely clear....[his client] was doing what he believed he was told to do, essentially, by the President."

    The argument might sound absurd, until you connect a few dots to include, among many, Montana's Republican Congressman Greg Gianforte who, on the eve of his special election to the U.S. House in 2017, actually grabbed a reporter by the throat and slammed him to the ground. In 2018, during a campaign rally for Gianforte --- who won in deep red Montana in 2017, despite the incident --- Trump made light of the Congressman's violent 2017 assault of a journalist, noting to the delight of the assembled MAGA crowd that "any guy who can do a body slam is my kind of guy." Message delivered and, apparently, received;

  • But we've got some brighter news as well today, as formerly GOP strongholds appear to be turning "blue" in advance of the crucial 2020 elections. The Orange County Register reports something this week that would have been unthinkable just a few short years ago. California's former GOP stronghold of Orange County --- the birthplace of Richard Nixon --- now, officially, has more registered Democrats than Republicans. The CA state GOP Chairman's explanation for the news is --- as we discuss --- hilarious and completely counter to demonstrable facts and reality. (Which makes him perfect for the job!) That follows the 2018 midterm wave election when all four U.S. House seats in the OC, incredibly, flipped from "red" to "blue";
  • Evidence for a similar sea changes in the Trump Era is beginning to appear elsewhere as well, as this week saw the fourth Republican U.S. House member in a week from once-ruby-red Texas to announce that he would not be running again in 2020. He was the 9th GOPer to declare the same over the past three weeks, with 11 incumbent Republicans in total now planning to step down next year, as opposed to just 3 Democrats. The pace of announced House Republican retirements is now actually ahead of the number that called it quits at this time before the 2018 mid-term elections when Democrats ended up retaking the House majority by flipping some 40 seats in a Blue Tsunami route. Is Texas set to become the new Orange County next year?;
  • Finally, Desi Doyen joins us for the latest Green News Report with an important new U.N. report on farming and climate change, a growing worldwide water crisis, four U.S. fossil fuel explosions in 48 hours, and some miners in Kentucky finally waking up to how the dying coal industry is working to take advantage of them...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Desi Doyen on 8/8/2019 11:24am PT  


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IN TODAY'S RADIO REPORT: New United Nations report calls for overhauling farming techniques to solve climate change; Kentucky miners block coal train after mine company bankruptcy; A quarter of the world's population faces 'extremely high water stress'; PLUS: Four fossil fuel explosions in 48 hours underscore the dangers of our aging fossil fuel infrastructure... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Eco-fascism: How climate change is becoming a deadly part of white nationalism; Sen. Warren would pay farmers to fight climate change under new plan; Harry Reid to Dems: Kill the filibuster to tackle the climate crisis; At dangerous Kentucky dams, locals aren’t prepared for disaster; Exxon accused of pressuring witnesses in climate fraud case; Trump bid to ease fuel efficiency rules would hike fuel costs; FERC: How McConnell's Coal Guy Is Helping Trump Remake Federal Energy Policy... PLUS: Wisconsin transmission proposal sparks debate over best path to 100% clean energy... and much, MUCH more! ...

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Guest: Rep. Hank Johnson (D-GA) 'hopes' newest SCOTUS Justice was 'completely forthright with U.S. Senate during confirmation', says House Judiciary 'proceeding in the nature of an Impeachment Inquiry' on Trump; Also: Prez uses visits to Dayton, El Paso to attack Dems...
By Brad Friedman on 8/7/2019 6:35pm PT  

Hey! Remember Brett Kavanaugh? The Donald Trump SCOTUS appointee who demonstrably lied during his sworn U.S. Senate Confirmation hearings last year before Republicans voted to ram him through to a lifetime appointment on the highest court in the land, anyway? Yeah, we do too. Thankfully, so does our guest on today's BradCast who, as a member of Congress, can actually maybe --- just maybe --- do something to finally bring some accountability there. And, according to a letter signed by him and House Judiciary Committee Chair Rep. Jerry Nadler (D-NY) on Tuesday, there is now evidence that they intend to try and do just that! [Audio link to full show is posted below.]

But, first up today, NBC News nailed it in a headline we saw only after getting off air today: "Trump turns day of grieving for shooting victims into day of grievances". That about sums it up. On Monday, in a scripted teleprompter speech, the President responded to the two weekend gun massacres that took the lives of at least 31 in El Paso, Texas and Dayton, Ohio by asking Americans "to set destructive partisanship aside...and find the courage to answer hatred with unity, devotion and love". But, just over 24 hours later, he began to unleash various attacks on Democrats Beto O'Rourke, Ohio Sen. Sherrod Brown, Dayton Mayor Nan Whaley, former Vice President Joe Biden, and even managed to tie Senators Bernie Sanders and Elizabeth Warren somehow to the shooter in Dayton. All of that before, during and after what were supposed to be Presidential visits to the two recovering cities, intended to console them and help ease their pain after the twin tragedies.

On Tuesday night, Trump first broke his call for setting aside partisanship with a misfired Twitter snipe at El Paso native Beto O'Rourke's name, in which he told the former Texas Congressman to "be quiet!" after O'Rourke accurately tied the El Paso shooter's white supremacist diatribe to Trump's identical references to an "invasion" at our southern border. But on Wednesday morning, before leaving for his trips to the two grieving cities, he told reports at the White House that he felt his "rhetoric brings people together" and he "would like to stay out of the political fray." That vow didn't even last until he arrived in El Paso, with his new Twitter attacks emanating even while he was on Air Force One.

But in news today that is much less insane, we are joined by REP. HANK JOHNSON (D-GA), a member of the U.S. House Judiciary Committee and Chair of its Subcommittee on Courts, Intellectual Property and the Internet. That subcommittee oversees the federal court system, including the U.S. Supreme Court. On Tuesday, Johnson and Nadler sent a letter to the National Archives and Records Administration requesting records from Justice Kavanaugh's tenure in the White House during the George W. Bush Administration, when he first served in the White House Counsel's office from 2001 to 2003 and then as White House Staff Secretary from 2003 to 2006.

The request includes thousands of documents either never reviewed or never requested by then-U.S. Senate Judiciary Committee Chair Chuck Grassley (R-IA) during Kavanaugh's SCOTUS confirmation process last year. While Grassley requested no documents at all from Kavanaugh's tenure as Staff Secretary --- during which many decisions were discussed and made in the run-up to Iraq War and about the torture and detention of suspect terrorists and prisoners of war --- thousands of documents from Kavanaugh's time in the White House Counsel's office were withheld from the Senate Judiciary panel last year after they were privately reviewed by Kavanaugh's own personal attorney.

Johnson explains why Democrats are now seeking all of those records, what they hope to find, and what they may do with the information they unearth from them on the Committee which has jurisdiction to launch impeachment proceedings for all federal judges, including Supreme Court Justices.

Of course, it remains to be seen whether the Trump Administration will attempt to block the records request, which asserts the rights of the Committee to review the documents under the Presidential Records Act of 1975. If they are blocked, Johnson tells me, they are prepared to take additional measures to obtain the records. The Georgia Congressman also responds in detail to a number of my questions including whether he supports an expansion of the U.S. Supreme Court in order to unpack the Republican's currently stolen majority; why he is not currently among the majority of House Dems publicly calling to open an official Impeachment Inquiry in his Judiciary Committee; and what he thinks of his home state of Georgia's current plan to move from one 100% unverifiable touchscreen voting systems to an all new, if equally unverifiable touchscreen voting system --- rather than a cheaper, verifiable hand-marked paper ballot system --- before next year's crucial 2020 Presidential election in a state that many believe may finally be ready to flip "blue" after years of GOP dominance in the state.

On what he hopes to find in Kavanaugh's records from the George W. Bush years: "I hope to discover that Justice Kavanaugh has been completely forthright and honest with the U.S. Senate during his confirmation process. Moreover, I hope to find that the conduct of Justice Kavanaugh, during his time as Secretary with the Office of Counsel for the President, at all times conducted himself in a way that would be in keeping with that of someone who now serves on the U.S. Supreme court with a lifetime tenure. And, of course, that is only subject to the House's ability to impeach, should there be a need for it. The American people deserve to know who we have on the US Supreme Court, what his background is, and if he was honest with the Senate in his confirmation proceedings."

On expanding the stolen SCOTUS: "It's no question that the courts have been stacked with judges with a particular political bent...They are holding the future back, and it's hurting America. So we, as the legislative branch, with the power to expand the Supreme Court --- nothing in the Constitution says that it will be a Court of nine Justices --- so we have to look at whether or not its in the efficiency of our process that we need to expand the Court. We really don't need to politicize the courts. But unfortunately the courts have been politicized. So the question is, what do we do? And how will the Supreme Court react to the fact that the legislative branch is open to looking at alternatives to the current way that it does business?"

On why Johnson is not currently among the majority of Dems in the House publicly calling for an official Impeachment Inquiry: He stands by his current position (despite my generous offer to allow him to make news by changing it on today's BradCast), while explaining, "We are proceeding in the nature of an impeachment inquiry at this time, and we're doing so without calling it an impeachment inquiry so as not to put the 31 red-to-blue winners in 2018, new Democrats, not to put them in jeopardy of not being able to come back and keep us in the majority in 2020. ... At some point we may accumulate the record that we can then pass the impeachment resolutions on and then proceed to the evidence --- not just the Mueller Report, but the evidence... take that over to the US Senate and have a trial. " After I press him a bit on his current position, he concedes: "I tell you what --- if you call me back in about two or three months, maybe I will have changed on impeachment."

And, finally, on Georgia's Republican Governor and Sec. of State defying cybersecurity experts to move from one unverifiable touchscreen voting system to another: "I think the way to go is to have hand-marked paper ballots that are then scanned into a counting machine and counted. And then you have the paper ballots that you can test the results of the tally machine against, and that way, you can have a verifiable vote. ... But we cannot do it on this new system that the Georgia legislature has authorized. I think it is a $125 or $150 million dollar expenditure that will be for a system that we can't even rely on. I think it's bad for the taxpayers, it's bad for the voters, it's bad for democracy, and it's a bad move for Georgia."

He offers much more on all of the above, so I hope you'll tune in to listen to today's BradCast...

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...And the Ohio City of Dayton (not Toledo!); Also: Countries warn against U.S. travel.; New gun, domestic terror laws needed; Hannity's really dumb idea; Former House GOPer says 'beat every single one' in 2020!...
By Brad Friedman on 8/6/2019 6:37pm PT  

On today's BradCast, it's unclear if Donald Trump's hope for making America great again is to see foreign countries warn their citizenry against traveling here due to the risk of gun massacres and racist hate crimes, but that's now how "great" we are. [Audio link to show is posted below.]

Uruguay and Venezuela issued alerts to travelers following recent mass shooting in the U.S., and Mexico is considering legal action following the murder of seven of their citizens in the shooting at the El Paso Walmart on Saturday which took the lives of 22 in all.

At the same time, the U.S. cities which endured mass shootings by domestic terrorists over the weekend don't really wish to have a visit from the man who has inspired so much hatred and death. But the White House says that Trump will be going to El Paso and Dayton on Wednesday anyway. That, despite locally elected officials who wish he wouldn't, as they mourn their dead and protest the racist hate-mongering President who continues to sow the ground for even more rightwing violence. (And as El Paso waits for Trump's campaign to pay them the more than $400k for security that they are still owed following his last campaign rally there months ago.)

While the El Paso shooter is being investigated on Domestic Terrorism charges after echoing Trump's "Hispanic invasion" language prior to the massacre, the FBI announced on Tuesday that the mass shooting at the Gilroy, California, Garlic Festival just over a week ago is now also being probed as a Domestic Terror incident. So why is it so difficult to bring Domestic Terror charges against white male American citizens who committed these acts of terror and others like them? Federal statutes make prosecution of foreign terror charges easy, but domestic charges have a much higher bar and fewer options for law enforcement to choose from.

So, there are now calls to beef up federal Domestic Terrorism statutes, but do they stand any better chance of changing than the very-low-hanging-fruit gun safety laws that Ohio's GOP Gov. Mike DeWine is now calling for in the Buckeye State? (Laws that Dems have been calling for for years? And that even Donald Trump is now pretending to call for at the federal level?) Don't hold your breath. Fox News Presidential adviser Sean Hannity's breathtakingly stupid idea for protecting schools and malls from gun violence may have a better chance of actually become reality.

But at least one former GOP U.S. House Member, Rep. David Jolly, who quit the party last year over Trump, predicts his former Republican colleagues will not change any laws even after the recent string of gun massacres. He is now calling for every Republican in the U.S. House and Senate to be voted out of office next year. "Beat 'em. Beat every single one of them," he now says.

Finally, Desi Doyen joins us for the latest Green News Report, as Greenland experiences historic ice melt raising world sea levels; we all just lived through the hottest month ever recorded on Planet Earth; and CNN actually gave substantial time for 2020 Democratic Presidential candidates to discuss their ideas for saving the planet at last week's debate in Detroit...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/6/2019 11:29am PT  


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IN TODAY'S RADIO REPORT: Historic ice melt in Greenland raises worldwide sea levels; We've all just lived through the hottest month ever recorded on Planet Earth; PLUS: CNN's 2020 Democratic Presidential debate, for the first time, covered climate change and climate action in-depth... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): We must change food production to save the world, says leaked report; Top climate scientist quits USDA, alleging political suppression; Who will pay for the huge costs of holding back rising seas?; Climate liability lawsuits are on the rise; N.J. lakes closed due to toxic algae blooms; El Paso suspect’s alleged manifesto highlights eco-fascism’s revival; U.S. has lost 24 million acres of natural land in 16 years; As Gulf Stream cools and weakens, what’s in store for Florida?; Heat headache for 2020 planners as Tokyo swelters a year before Olympic Games... PLUS: The new ruins of the melting Alps... and much, MUCH more! ...

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On the weekend massacres in El Paso and Dayton; And Georgia Tech cybersecurity expert Rich DeMillo on the recent Senate Intelligence Comm. report on Russia interference in 2016 and the fight to secure 2020...
By Brad Friedman on 8/5/2019 7:04pm PT  

On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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