Climate crisis woven into 2024 DNC; 99% of Americans affected by extreme weather since May; PLUS: 2024 second only to 2023 for billion dollar weather disasters so far...
Guests: Heather Digby Parton of Salon, 'Driftglass' of The Pro Left Podcast; Also: A problem worth noting after FL's Congressional primary elections on Tuesday...
Catastrophic flooding in CT; Climate change dramatically increased record wildfires last year; PLUS: As DNC gets underway, climate groups endorse Harris-Walz...
Ernesto takes down Puerto Rico grid, again; Wealthy beachfront property owners cost taxpayer dollars; U.S. Forest Service tells freeloading bottled water company to beat it...
CO election clerk 'guilty' of vote software breach; NY rules RFK Jr. used 'sham' residence for ballot; Musk, Trump charged with labor complaint after disastrous Twitter chat...
Hurricane Debby releases tons of raw sewage across FL; July 2024 was hottest ever; PLUS: Repubs' Project 2025 aims to delete all govt references to 'climate change'...
THIS WEEK: Rs Get Weird and Weirder ... Ds Try Something New ... RFK's Bear Bones ... and more! In our latest collection of the week's best political toons...
Debby isn't done with the East Coast yet; Hottest oceans in 400 years threaten Great Barrier Reef; PLUS: Dem VP candidate, Gov. Tim Walz, is a proven climate champion...
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...
On today's BradCast, it's not much discussed by the media, but the cost of killing "ObamaCare" is more than simply a political one for millions of Americans. And the brazen GOP coup in North Carolina's state government is not only a fait accompli, but likely a model for Republican controlled states everywhere. [Audio link to show posted below.]
There's a lot of talk of late about the politics of "repealing and replacing" the Affordable Care Act by the incoming Republican Administration and GOP majorities in both the U.S. House and Senate. But there's not as much discussion in the media about the very real costs --- to actual human beings --- of repealing the measure, or of those who will be devastated by its loss, both medically and financially. All of this comes with more than 20 million more Americans now enjoying access to healthcare thanks to the ACA, and, just last week, the largest single day of sign-ups ever for the federal program.
But Republicans may no longer fear any political ramifications for anything with their gerrymandered stronghold of Congress and control of the nation's public airwaves.
That argument seems to be bearing itself out in North Carolina right now, where the GOP state legislature --- which already enjoys a super-majority in both chambers of the state assembly --- has successfully carried out a brazen power grab to strip power from the Executive Branch now that a Democrat has narrowly won election as Governor.
In NC and in Wisconsin alike, Republicans have recently been found by federal courts to have unconstitutionally gerrymandered state election districts. And, in both states, the GOP has passed wildly radical laws that hurt Democrats and progressive, no matter how unpopular (or unconstitutional) those laws may be or the ensuing uprisings at both state capitols. Both states are likely to be a model for GOP legislators in the rest of the country.
Finally, Desi Doyen joins us for some late-breaking news concerning new Obama Administration restrictions on off-shore drilling and for our latest Green News Report, with new attempts to keep drinking water safe from coal and lead, and to keep science safe from Donald Trump...
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 report finds 3,000 American communities have high levels of lead contamination in children; Tap water now safe to use in Corpus Christi after acid accident; Interior Department races to protect drinking water from coal mining pollution; PLUS: Scientists rally to protect scientific integrity and research in the coming Trump Administration... 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): I’m a scientist who has gotten death threats. I fear what may happen under Trump; Massive 2013 Oil Spill In North Dakota Still Not Cleaned Up; Advanced Black Lung Cases Surge In Appalachia; U.S. Blocks Mine Planned Near Boundary Waters in Minnesota; Feds Withheld Key Documents From Standing Rock Sioux; U.S. To Give 30-Year Wind Farm Permits; Thousands Of Eagle Deaths Seen; California approves first US energy efficiency standards for computers; Michigan loses court case to stop home water deliveries due to lead... PLUS: This Just Became the World's Cheapest Form of Electricity Out of Nowhere... and much, MUCH more! ...
It's another very busy day today on The BradCast with terror attacks in Europe, the Electoral College vote in the U.S., and our continuing attempt to figure out if the votes in Election 2016 were actually tallied as per voter intent. [Audio link to show posted below.]
Despite thousands of protesters at state capitols around the nation today, there were only a few defectors (so-called "faithless electors") for both for Donald Trump and Hillary Clinton, as the Electoral College finally cast its votes today in 50 states and the District of Columbia. As of airtime, despite receiving a almost 3 million fewer votes than Clinton nationally, Trump had just received the requisite 270 votes, a majority of the Electoral College, needed to win the Presidency today. Presuming all state totals are certified by the U.S. Congress on January 6th (and I see no reason they wouldn't be), Trump will be sworn in as the 45th President of the United States on January 20th.
In the meantime, late last week, we learned that the U.S. Election Assistance Commission (EAC) --- the federal agency responsible for certifying the accuracy and security of electronic voting and tabulation systems used across the U.S. --- was, itself, recently hacked, with about 100 user names and passwords put up for sale on the black market. The well known vulnerability exploited was one that experts say could have been easily patched (it has now been) and would have allowed access to a database of vulnerabilities in the nation's voting and tabulation systems.
The Commission might have patched its own system earlier, but its Commissioners were very busy before the election and after, ensuring the nation (in an op-ed that was incorrect and misleading on innumerable levels) that "election officials have been working to secure our voting systems for years," so concerns about any such manipulation of results "are overstated".
Then, my guests today are Lulu Friesdat, filmmaker of the award-winning election integrity documentary Holler Back: [not] Voting in American Town (which I am in, but it is excellent anyway) and longtime election integrity advocate Emily Levy of RecountNow.org. Both are just back from attempting to help oversee the statewide Presidential election "recount" in Wisconsin, as requested (and paid for) by Green Party candidate Jill Stein.
Friesdat shares her short, disturbing new video released on Friday, revealing what appear to be machine mistallies noted by observers during the statewide "recount" of ballots by computer optical-scanners in Racine County, WI, and a stymied attempt by one observer there, Liz Whitlock, to get a hand-count of the paper ballots in question. Citing the 5% error rate by the machines that observers tallied in one small precinct in WI, Friesdat notes: "A similar error rate applied across all of Wisconsin’s 2,976,150 votes --- could produce an error of 140,000 votes. Trump won Wisconsin by 22,000 votes."
Levy explains a troubling report from the attempted Presidential "recount" in Nevada (yes, there was one there too!), as filed by independent candidate "Rocky" De La Fuente. There, in the state said to have been won by Hillary Clinton, Clark County Clerk Joe Gloria appears to have admitted to secretly "recounting" votes prior to the lawful, public count of votes cast on the county's absentee paper ballots and completely unverifiable touch-screen voting systems. (In the 2004 Presidential "recount" in Ohio, two election officials were convicted and sentenced to the max for doing something similar in that state.)
As both explain on today's program, the long list of failures in the "recount" cases (and they describe many more such failures) have left both Friesdat and Levy even more concerned about the accuracy, security, reliability and ability to oversee our own election system than they were even prior to Election 2016. So, what can we all do about it? How can the system be improved to allow more transparency and oversight? We discuss all of that on today's show as well --- and it starts with you...
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It was a busy day today on the BradCast. I was happy to return to guest host from my usual perch at nicolesandler.com where I host my own show with a couple of great guests.
First up was Jane McAlevey, a labor and environmental organizer, post-doctoral fellow in the Labor and Worklife Program at Harvard Law School, and the author of No Shortcuts: Organizing for Power in the New Gilded Age, who joined me for a fascinating discussion about organized labor's plight and its outlook during the Trump era.
We also heard from Vice News' Senior Investigative ReporterJason Leopold, who has been labeled by our government at a "FOIA Terrorist" for his prolific and expert use of the Freedom of Information Act. Jason explains how his expedited FOIA requests dealing with issues related to the election went unanswered. In response, he and Ryan Shapiro filed a lawsuit against the FBI over their failure to comply with those requests, and they've now widened the scope of the documents and records they're asking for. You can read the complete complaint filed in court just three days ago, Dec 13, 2016, here [PDF].
Also today: I share with you my newest creation --- What's News? It's my (almost) daily unique look at the day's news. Today's edition is included inside today's show.
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!
On today's BradCast, Republicans are flexing their muscles and demonstrating their willingness to break all norms --- and even laws and the Constitution when necessary --- in order to take power and hold onto it at all costs, while Democrats continue to be caught flat-footed. [Audio link to show is posted below.]
An unprecedented attempted power grab is now underway at the capitol in Raleigh, North Carolina, where Republican lawmakers, stinging from having lost the Governorship and their majority on the state's Supreme Court last month, have suddenly convened an emergency "special session" to strip power from the incoming Democratic Governor.
The naked lame duck coup attempt by the GOP --- which already enjoys a super majority in both chambers of the statehouse --- would take away Executive Branch powers previously granted to the outgoing Republican Governor. If successful, the "sore loser power grab" as some are calling it, strips the incoming Democrat of control of state and county boards of election(!), limits his ability to make appointments, shifts power from the newly Democratic-majority high court back down to the Republican-controlled state court of appeals, and keeps Republican state employees in place across many state agencies.
All of those attempts to effectively undo the will of millions of voters also comes on the heels of a federal court order for new special elections for the state legislature in 2017, after finding that Republicans had unconstitutionally gerrymandered 28 statehouse districts following the 2010 census. (And that, not long after a federal court found Wisconsin Republicans had also done so.)
With a similarly unprecedented coup at the federal level --- for example, a stolen U.S. Supreme Court majority --- Republicans in a number of other states are also quickly working to pass newly restrictive laws to make it harder for Democrats to even take part in elections around the nation.
It's difficult to win a war when you're fighting against a dishonest opponent who has no interest in playing fairly. The questions then remain: When will Democrats figure that out? What do they intend to do about it? And who, if anyone, will emerge to lead the way in the current Democratic power vacuum more than a month since Election Day?
Finally, Desi Doyen joins us for the latest Green News Report with details on Trump's disturbing new appointments at federal agencies, the EPA's admission that fracking can harm drinking water supplies, and the Arctic unraveling before our eyes...
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: Trump taps former Texas Governor (and super genius!) Rick Perry to head the nation's nuclear arsenal; Trump's pick for Interior Department, Rep. Ryan Zinke, not a fan of oil and gas regulations; EPA now says fracking does harm drinking water supplies; PLUS: The Arctic is unraveling, shout NOAA scientists... 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): Solar capacity has increased 99 per cent since last quarter; Under Trump, States And Cities Must Lead On Energy; Oil refineries threaten public safety; Feds Will Not Reconsider Their Denial Of Jordan Cove LNG Terminal; "You Are Hurting Future Generations"; So what if Trump and Perry shut down the Energy Department? No one will miss it; Scientists are frantically copying U.S. climate data, fearing it might vanish under Trump... PLUS: Secretary Jewell Urges Scientists To ‘Fight Disinformation’ Under Trump... and much, MUCH more! ...
On today's BradCast: Will there be some form of an Electoral College mutiny when they gather to cast their votes for President of the United States next week? My guest today, one of those electors, suggests we may all be in "for a big surprise". [Audio link to show posted at end of article.]
The 538 members of the Electoral College are finally set to cast their votes for President on Monday, December 19th. So far, just one GOP elector has publicly announced his intention to vote for someone other than Donald Trump (who, in 2012, railed that the U.S. Electoral College system was "a total sham", calling for "revolution" in response to a candidate winning the Electoral College while losing the national popular vote...as he did this year, by nearly 3 million votes, a record in U.S. history.)
But according to Harvard's Constitutional law professor Lawrence Lessig, who has offered free legal support to electors considering voting for a candidate other than the one their state voted for, "there are now at least 20 GOP electors considering a vote of conscience." Lessig argues electors have a Constitutional right under federal law to vote for whomever they please, despite some state laws that apply fines or other penalties against so-called "faithless electors". (University of Chicago law prof Geoffrey Stone explained this week why he believes they are "faithful not faithless".)
Colorado Presidential Elector Micheal Baca, a former U.S. Marine, joins me today to discuss how he and other electors are planning to vote on Monday. Baca is part of a group calling themselves the Hamilton Electors, citing founder Alexander Hamilton's Federalist Papersexplanation of the Electoral College as a device meant to prevent popular demagogues or otherwise unfit or unqualified candidates from becoming President.
Baca explains his own plan, as a Democratic elector, to vote for a compromise Republican candidate, such as Ohio Gov. John Kasich, rather than Hillary Clinton, in order to encourage GOP electors to do the same, in hopes of stopping Trump from winning the requisite 270 vote Electoral College majority. Baca explains why he believes information made available since the election reveals Trump to be unfit for office.
"On December 19th," Baca explains, "538 individual people --- not numbers on the map, not computer generated, not Wolf Blitzer numbers --- 538 people will be casting a ballot for the President of the United States of America. I believe that by reaching across party lines, I am putting my country above my party. And I may not agree ideologically on what the Republicans stand for, but Donald Trump is a clear and present danger to our republic. And I believe that it's imperative in this election that we do exercise our conscience and our moral judgment."
Baca also tells me during our interview how he became an elector in the first place, the rather stunning way in which he is told the vote is set to occur on Monday in Colorado (with "pre-printed ballots"!), how his experience as a Marine has informed his position, and what he has learned from speaking to other electors, both Democratic and Republican, about how they plan to vote. He suggests a surprise could be ahead, even as I (and he, as well) remain skeptical.
"I try to operate my life with a healthy dose of skepticism," he tells me. "And until things are out in public, the only thing that I will confirm is that we have one public Republican elector. Are there others out there? I do believe so. Are they not public? I do believe so...I'm not Professor Lawrence Lessig [but] I don't think he would just speak without having any factual evidence."
Baca adds: "I think we were all in for a big surprise. Surprises happen. This is the year 2016. If there's a time in history, I believe this is the time."
Okay, then. Could be a big week ahead. Or not. It's a fascinating conversation that you may wish to listen to in full.
Also today: The Trump Transition team says a questionnaire sent to the Dept. of Energy seeking the names and backgrounds of climate scientists was "not authorized", and the Massachusetts Attorney General says it's time for ExxonMobil to "come clean" about their efforts to fund climate change denial, now that their CEO Rex Tillerson has been nominated by Trump as Secretary of State.
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On today's BradCast, Green Party candidate Jill Stein speaks to lessons learned during her wildly obstructed attempt at citizen oversight of election results in three states, and a former U.S. Dept. of Energy official joins us with warnings about Donald Trump's disturbing choices to head the State Department, the EPA and the DoE, where a chilling Transition Team memo was recently sent in apparent hopes of ferreting out climate scientists in a witch-hunt reminiscent of the McCarthy era. [Audio link to show posted at bottom of article.]
First up, Stein held a press conference call today to wrap up her attempted "recount" of Presidential election results in Wisconsin, Michigan and Pennsylvania. Despite her willingness to pay millions of dollars, only one of those states, WI, allowed a statewide count at all. And, even there, it was done mostly by computer, so the results remain unverified by actual human beings. Still, she and her attorney on the call vowed to press on with a lawsuit in Pennsylvania and other actions meant to try and amend the horrific election practices, processes and laws exposed, once again, during the wildly obstructed and unprecedented attempt at counts and forensic analyses in all three states.
Then, my guest today is Dr. Joe Romm, physicist and former Deputy Asst. Secretary of Energy at the U.S. Dept. of Energy. He is now a Climate Progress blogger and author and he joins me to discuss, among other things, Donald Trump's nominations of former TX Gov. Rick Perry to head up the DoE (which, when he could remember its name while a Presidential candidate, he vowed to shut down entirely); Climate science denier and Oklahoma A.G. Scott Pruitt as DPA chief; and ExxonMobil's enormously interest-conflicted CEO Rex Tillerson as Sec. of State.
As Romm notes, "the Department of Energy is a very poorly understood agency" which most Americans, including Trump and Perry, likely know little about. It's a sprawling federal agency that carries out nuclear energy research as well as oversight and disaster clean-up. "So you have the weapons labs, you have all the national labs, which do energy and all sorts of work, including the nation's physics labs," he explains. "The Department of Energy has the highest ratio of PhDs per employee of any of the agencies, because it's doing all of this physics and energy research, and weapons research. So it's a good thing that Rick Perry got those glasses that make him smart."
On Trump's nomination of Tillerson to head up the State Department, Romm describes the conflicts of interest with the ExxonMobile CEO's pending $500 billion deal with Russia, observing: "If we didn't live in this topsy-turvy world where Donald Trump is President and naming people to run agencies who are anti-everything the agencies stand for, it would be ridiculous. Secretary of State is one of the most important, maybe the most important cabinet positions there is. Historically, it goes to someone who really understands diplomacy and many aspects of international policy." But Tillerson, he argues, has "literally no qualifications other than the fact that he has negotiated oil deals around the world."
As disturbing as Trump's nominations may be, however, even more chilling may be the story told by the McCarthy-esque survey recently sent by someone at the Trump Transition team to the Dept. of Energy, asking them to identify scientists and other career civil service employees who have worked on climate change and renewable energy issues at the federal agency, or even those who may have simply attended a U.N. climate conference. Romm speaks to all of the above, which he describes as "unprecedented" and details why there are newly disturbing reasons to be concerned about, "literally, the fate of the next thousand years."
Finally, Desi Doyen joins us for the latest Green News Report, with more on the above and, believe it or not, some arguably good news she was able to find from the U.S. Congress, of all places!...
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: Donald Trump taps Exxon Mobil CEO for Secretary of State; Potential Interior Department chief wants to sell off public lands; Trump transition team's chilling request for names of Dept. of Energy scientists working on climate policy; PLUS: Federal aid for Flint, Michigan lead pipes and coal miners, finally clears the U.S. Senate... 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): Investment Funds Worth Trillions Are Dropping Fossil Fuel Stocks; After Years Of Drama, Farmers Score A Big Win In California Water Battle; Pipeline Spills 176,000 Gallons Of Crude Into North Dakota Creek; Offshore Wind, Which Trump Fought In Scotland, Now Online In U.S.; Donald Trump’s Climate Denial Is A Problem, And These News Headlines Are Making It Worse... PLUS: Santa In Trouble? Reindeer Shrink In Arctic As Climate Changes... and much, MUCH more! ...
Guest: Marcy Wheeler on U.S. intel agencies' 'secret' allegations about foreign interference in the Presidential race, as 'recount' ends in WI, is denied by courts again in MI, PA...
On today's BradCast, what we know and don't about newly reported charges that the CIA is said to believe Russian state-actors interfered in the U.S. election on behalf of Donald Trump over Hillary Clinton, even as attempts to verify the actual Presidential election results, and concerns that they were hacked or otherwise in error, are blocked by Republicans in Michigan and Pennsylvania and come to an official close in Wisconsin. [Audio link to show posted below.]
Over the weekend, Washington Post and New York Times each reported on unnamed sources alleging a "secret" "consensus" of U.S. intelligence agencies charging Russia tried to interfere with the Presidential election in order to help Donald Trump defeat Hillary Clinton. National security journalist and authorMarcy Wheeler of EmptyWheel.net offers a measure of skepticism about the explosive reports on those allegations, which she suggests could echo what proved to be blatantly misrepresented and cherry-picked intel by the George W. Bush Administration in their run-up to the Iraq War.
We discuss what we know and don't know concerning the newly reported charges, which parties have an interested in forwarding them and why they are arising in this form now, and how those concerns can possibly square with seemingly contradictory resistance --- by both Republicans and Democrats alike --- to human verification of the stunning and poll-defying 2016 Presidential election results reported in Michigan, Wisconsin, Pennsylvania and elsewhere.
Speaking of which, late on Friday, a 3-2 split vote at the MI state Supreme Court denied a hearing of Green Party candidate Jill Stein's appeal of a 3-Republican judge decision that aborted the state's disastrous paper ballot hand-count last week. And today, a federal court in PA denied [PDF] Stein's lawsuit seeking a statewide hand-count of paper ballots and a forensic analysis of the 100% unverifiable touchscreen voting and computer tabulation systems used across most of the state. Also today, the state of Wisconsin completed its partial statewide hand-count and certified Donald Trump as the winner of that state's electoral vote. (Final tallies are not yet available from the Wisconsin Election Commission, but as of earlier today Reuters reported "Trump with a increase of 628 votes, Clinton with an increase of 653 votes and Stein with an increase of 68 votes". Those are net increases, without reflecting the total number of originally-mistallied votes, nor explaining that most of the state's largest counties simply ran the hand-marked paper ballots back through the optical-scan computers again to derive their "recount" totals.)
All of that amidst a repeated, coordinated, well-funded and familiar efforts by Republicans and Team Trump to block any and all verification of Presidential election results in all three states. "Cronyism, bureaucratic obstruction, and legal maneuvering have run roughshod over the democratic process," Stein said following Friday's Supreme Court decision in MI after tens of thousands of votes were deemed "unrecountable" due to the state's arcane "recount" laws while the attempted count was still underway last week. "A recount should not be this difficult or controversial. If you take out money from a bank, the teller counts it twice --- and the second time, they count it in front of your eyes. It should be well understood that something as important as a presidential election requires a basic level of quality assurance and verification."
We have all of the latest details on today's BradCast...
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If allowed to stand, the reasoning behind U.S. District Court Judge Mark A. Goldsmith's December 7, 2016 decision [PDF] in Stein v. Thomas to halt the Michigan presidential "recount" is flawed, at best. Issued, ironically enough, on the day we commemorate what President Franklin D. Roosevelt described as "a date which will live in infamy", it is by no means an exaggeration to suggest that Judge Goldsmith's reasoning could inflict greater harm on the very foundations of our constitutional form of democracy than that inflicted by the Dec. 7, 1941 attack on Pearl Harbor.
The halt to the "recount" came just two days after Judge Goldsmith issued a temporary restraining order ("TRO") directing the MI Canvassing Board to immediately commence the "recount" and one day after a U.S. Sixth Circuit Court of Appeal decision, upholding that TRO.
Under that 6th Circuit appeals ruling, Judge Goldsmith was obligated to revisit the issue if "the Michigan courts determine that Plaintiffs' recount is improper for any reason." Separately, on Dec. 6, the Michigan state appellate court ruled that, under MI law, only a candidate who has a reasonable chance of winning has a right to initiate a post-election count. But that state court ruling, by three Republican judges, did not justify Judge Goldsmith's decision to halt a "recount" that had been predicated on Dr. Jill Stein's rights under the U.S. Constitution.
As he acknowledged in his original decision, the Green Party Presidential candidate did not base her federal claim on state law. To the contrary, in his initial finding, Goldsmith held that the Plaintiffs had shown a likelihood of success on the merits of their claim that the two-business day waiting period mandated by state law "would likely violate their right to vote under the First and Fourteenth Amendments." Judge Goldsmith, in that first decision, added, "the [federal] right to vote, and to have that vote conducted fairly and counted accurately" [emphasis added] is not merely "fundamental" but serves as "the bedrock of our Nation."
State law, whether directed at the timing of the recount or to the aggrieved status (standing) of the candidate seeking the count, should not be allowed to infringe upon a fundamental right that every citizen has to a verifiably accurate count of their votes.
The truly damaging aspect of the decision to dissolve the TRO lies not in the question of standing but in Judge Goldsmith's upside-down reasoning as to who should bare the burden of establishing the integrity of the vote. That reasoning is directly at odds with the rulings made in two landmark cases in Germany and Austria, to the effect that the need for election integrity and transparency are paramount in any nation that values democracy...
A federal court victory for Jill Stein in Wisconsin; a federal court hearing in Pennsylvania; the fight to restart counting in Michigan; and the case for a recount in Florida. Yes, in Florida. But that's just the tip of the iceberg on today's very busy BradCast! [Audio link to complete show follows below.]
First up, some encouraging news from the New York Attorney General concerning his intentions to hold Donald Trump's nominees to head up the Environmental Protection Agency and Dept. of Labor accountable to the rule of law. Then, a bit more good news out WI today, where a federal court dismissed a Team Trump attempt to stop the ongoing Presidential "recount" in the state.
Meanwhile, a federal court in PA heard Jill Stein's case calling for a statewide count and forensic analysis of voting systems today. And, following the the hearing, in a press conference outside the courthouse, University of MI Computer Science and voting systems expert Prof. J. Alex Halderman explained again why such a study is necessary.
"Over the past ten years, we've found every one of the [voting and tabulation systems in the U.S.] susceptible to hacking. Doesn't matter whether they're plugged into the Internet directly or not," he said. "The evidence on the paper ballots, the evidence on the software in the machines --- that's what we're asking to examine. And that's the only way we're ever going to know for sure whether our votes were counted correctly or not in the 2016 Presidential election. We think that by looking at that evidence, which seems to me like just a common-sense security precaution, we can increase voter confidence, and help everyone know their that their votes really counted." Those comments come on the same day that the Obama Administration announced plans to release a report on charges that Russian hackers attempted to interfere in the 2016 U.S. election.
Then, we're joined by long time election integrity champion, Susan Pynchon, founder of Florida Fair Elections Coalition and a central character in HBO's Emmy-nominated 2006 documentary Hacking Democracy, joins us to discuss a lawsuit [PDF] filed late last week calling for a statewide hand-count of paper ballots in FL(!)
Pynchon explains the reasons why it was filed, which include not just the surprising result in the state's Presidential race, but also reports that a Florida-based corporate vendor by the name of VR Systems --- a company contracted by about a dozen states --- was reportedly hacked earlier this year. She says they provided "voter registration and other services in 64 of Florida's 67 counties. Voter databases, management and tracking of mail-in ballots, and election reporting services on election night." (And here is that Exhibit T [PDF] from the complaint that I referenced during the show, concerning troubling voter registration problems reported on Election Day in several Sunshine State counties, including Broward and Lee.)
Also, Pynchon details the high "invalid vote rate" ("votes that weren't actually counted --- undervotes, overvotes, and invalid write-in votes"), which she says is "more than double in this election than it was in 2008 and 2012. We need to take a close look at that because it's not normal. It's not typical of past elections." She goes on to describe how one county was also found to have "ordered duplicate sets of [security] seals," asking: "So how secure is that when you're sealing a ballot box with a seal that could then just be replaced with your duplicate set of seals?"
Coincidentally, part of Halderman's remarks from outside of the federal courthouse in Philadelphia this afternoon, which we play in full on the show today, referred to how easy it is to break into those voting machine security seals. He says they are "easy to remove in just a few seconds with a hairdryer or a screwdriver."
"You know, if you'd asked me this ten years ago, I would have said, well, maybe it sounds like science fiction, someone hacking into a country's national election by tampering with the voting machines," warns Halderman. "I think it's only a matter of time before this happens, if it hasn't happened already."
Finally today, an incredibly chilling missive was confirmed to have been sent to the U.S. Dept. of Energy from the Trump transition team, seeking the names and details of scientists and other employees there and at national laboratories involved in climate change and other related studies...
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On today's BradCast, our coverage of what suffices in the U.S. as a Presidential election "recount" continues, in no small part, because someone has to cover what is actually going on there. [Audio link to show posted below.]
A federal court ruling [PDF] issued late yesterday in Michigan has effectively stopped the counting of paper ballots in the state following an earlier 3-Republican judge state court ruling that Green Party candidate Jill Stein is not an "aggrieved candidate" and, thus, not entitled to any type of "recount". Moreover, U.S. District Judge Mark Goldsmith finds there is no federally recognized right to a "recount" and, in any case, Stein presented no "evidence of significant fraud or mistake" while asking for one. But, of course, how could she, without being allowed to examine the evidence in question? State Republicans described the suspension of ballot counting as "a victory for the taxpayers and voters of Michigan."
That, even as scores of precincts across the state --- hundreds in Detroit alone --- were deemed "unrecountable" by election officials under MI's horrible statutes disallowing the hand-count of votes when human error or computer vote tabulator failure leaves Election Night ballot totals off by as little as a single ballot, as compared to the number of names signed in to pollbooks. Even in just three days of counting before it's suspension today, many such precincts were found to be "unrecountable", despite totally unreconciled vote tallies.
"It is an outrage that the voters of Michigan are being denied their right to have their votes properly counted," rails longtime election integrity advocate and attorney John Bonifaz, one of those who initially argued to both Hillary Clinton and Stein that a post-election count was necessary. "Because of a partisan state appeals court decision, Americans will never know the truth about what happened in this election."
Bonifaz was joined by many longtime computer science and voting systems experts, such as Douglas Jones of the University Iowa, who warns today: "In a healthy democracy, elections are run with sufficient transparency that partisans of the losing candidate can convince themselves that they lost fair and square. Recounts in close elections are a necessary part of this transparency, particularly when the margin of victory is exceeded by an unusual number of ballots that were cast without reporting any vote in the election." Jones is referring to the 75,000 ballots in MI said to have no vote for President at all, nearly twice as many undervotes as reported in 2012, despite a 10,000 vote margin between Trump and Clinton in MI, where some 5 million votes were cast. That case is headed to MI's Supreme Court, where Stein is demanding two state Justices recuse themselves after being named by Donald Trump as potentially U.S. Supreme Court nominees.
In Pennsylvania, a similar, if even worse case of lacking "evidence" of fraud has served to block forensic analyses of the otherwise 100% unverifiable touch-screen voting and tabulation systems used across most of the state. Late Wednesday, Stein filed a new court challenge in Allegheny County (Pittsburgh), seeking the type of examination that computer science and voting systems experts have been desperately calling for. A similar challenge was rejected yesterday in Philadelphia for...you guessed it...lack of evidence of fraud.
And in Wisconsin, observers of the ongoing counts and retallies are calling for a federal suit --- which, I'm told, could be filed on Friday --- seeking a statewide hand-count of paper ballots, after a state court previously found a new law passed by Republicans last year allowed most of the largest (and Democratic-leaning) counties to "recount" by the same computer scanners that initially tallied votes (either correctly or incorrectly). The computer tallies, and a number of other concerns revealed to date, have led some of those observers to describe the current process as a "farce", and declare: "The most urgent issue in America right now is to be able to confirm that every vote was counted fairly, accurately, and honestly, and if not, for patriotic Americans to raise bloody hell about it."
And so, we do. Even as the corporate media continue to misreport or ignore altogether what is actually going on in all three longtime "blue" states where just 3 votes per precinct recorded for Clinton instead of Trump would have meant that she, not he, would be considered the President Elect right now. Citizen oversight of election results matter. As simple as that should be, the struggle to achieve any such post-election oversight or verification, in the face of seemingly insurmountable obstacles, is astounding and an outrage.
Also today, speaking of outrages and science ignored by corporate media and elected officials alike: Desi Doyen joins us for the latest Green News Report on Trump's shocking choice to head the EPA, on another oil pipeline rupture --- this time not far from the contested Dakota Access Pipeline near the Standing Rock Sioux reservation in North Dakota --- and temperatures in the Arctic are now from 35 to 55 degrees Fahrenheit warmer today than they normally are this time of year...
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