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Latest Featured Reports | Tuesday, April 16, 2024
Trump's First Criminal Trial, for Cheating in 2016, Begins in NY: 'BradCast' 4/15/24
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BARCODED BALLOTS AND BALLOT MARKING DEVICES
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Brad's Upcoming Appearances
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
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Guest: Election tech and cybersecurity expert Kevin Skoglund; Also: Deadly heat wave continues; Who to believe in the US/Iran showdown?...
By Brad Friedman on 7/19/2019 6:24pm PT  

On today's BradCast, some potentially good news for Philadelphia voters (and, thus, voters across the entire country), after a citizen led effort has resulted in the state of Pennsylvania re-examining its certification of a shockingly vulnerable --- and wholly unverifiable --- new touchscreen voting system selected by the city earlier this year (under questionable circumstances) for use in upcoming elections. [Audio link to show is posted below.]

But first up, before we get to our guest today and the astonishing election integrity nightmare against which he is working with a coaltion on the ground in Philly to try and save democracy there, a few quick news items to start the show. Those include the now-deadly, climate change-fueled heat wave bearing down on dozens of states and millions of Americans and the latest on the dangerously intensifying disputes in the Persian Gulf --- thanks to Trump pulling out of the landmark 2015 anti-nuclear deal.

Then, last May, Sen. Ron Wyden (D-OR) introduced a bill in the U.S. Senate that would mandate HAND-MARKED paper ballots for every voter in the country, to help hedge against the possibility --- some may say likelihood --- of manipulated or erroneous elections results, and to help assure that results are publicly verifiable after elections. His bill, the Protect America's Voting and Elections (or PAVE) Act of 2019 now languishes in the Senate, despite passage of a bill in the House that also mandates HAND-MARKED paper ballots for all, thanks to Republican Majority Leader Mitch McConnell's vow to disallow a vote on any election-related bills that might make our democracy more secure and overseeable in advance of the 2020 Presidential elections.

The White House has been similarly disinterested in improving election security and oversight, though Trump-appointed Director of National Intelligence, Dan Coats, the nation's "top spy" announced a new initiative today said to help the Intelligence Community coordinate their response to potential election manipulation, at least from foreign threats. Domestic threats, including from election insiders --- such as contractors from the private vendors who run much of America's elections, as well as simple programming errors or other manipulation by elections officials --- remain both as serious and much more difficult to guard against. Election protection ultimately comes down to public oversight, at the local level, of verified election results.

To that end, an Election Integrity coalition in Philadelphia this week has successfully petitioned the state of Pennsylvania to reexamine the Commonwealth's previous certification of a wildly dangerous and vulnerable new computer Ballot Marking Device (BMD) made by the nation's largest (and, arguably, most failed) private vendor, Election Systems and Software, Inc. (ES&S). The company's new ExpressVote XL is a 100% unverifiable touchscreen BMD system recently contracted for use by the Philadelphia Elections Board for use in upcoming elections, beginning with municipal elections this November and the Presidential contest next year.

We're joined today by KEVIN SKOGLUND, election integrity expert and Chief Technologist for the non-partisan Citizens for Better Elections, which, along with others in the Protect Our Vote Philly coalition petitioned the state for a re-examination of the ExpressVote XL. The costly voting and tabulation system --- one must be purchased for each voter voting at the same time in every precinct --- is described as a "universal" or "all-in-one" system, because one computer in the system is used to mark and print a voters ballot, and a second computer in the same system is then used to optically-scan and tabulate that ballot.

The system, chosen under a mysteriously truncated process by the Philadelphia Commissioners earlier this year --- "without any public or expert input" and with "no criteria for things like security, and resilience, and accessibility" as Skoglund tells me --- also violates state election code in numerous ways, as detailed in the citizen groups' petition to the state filed on Tuesday. Most alarmingly, however --- especially given the importance of Philly's one million votes to be cast in the crucial Keystone State during next year's Presidential election --- is a remarkable security design flaw in the ES&S ExpressVote XL.

In short (Skoglund offers more details on the show), the system allows the Ballot Marking Device's printer to change votes on the computer-printed ballot summary card before it is tallied but after the voter has already been given the opportunity to approve what was initially printed on the ballot summary card by the computer! In other words, of all of the terrible, 100% unverifiable BMD voting systems that Pennsylvania's Democratic stronghold of Philadelphia could have chosen, its City Commission chose the absolute most dangerous and unverifiable one.

"After this machine was certified in Pennsylvania, security researchers determined that there was a big flaw in these machines. That flaw is that they have a single paper path. It takes the blank piece of paper, it sends it to a printer, you make your selections on the screen, it prints those on the piece of paper, puts them back in front of the voter so that the voter can look at them and say whether or not they're happy with those selections. And once the voter says 'Yes, this is the ballot that I intend to cast, I am happy with these selections' and they press the button on the machine, it sends that card back through the same printer again before it goes to to the tabulator," Skoglund explains. "That means the machine has the opportunity to mark on that ballot --- potentially changing votes on it, invalidating votes on it, adding votes to it, basically changing what the voter cast." And, of course, the voter would never know.

While recent studies have found that most voters do not even bother to verify computer-marked paper ballots, and that of those who do, many do not notice if the computer has changed their selections, "The voter can do everything that's asked of them, do everything right, they can verify that ballot, and it still might not end up being the vote that gets cast. This is a violation of a fundamental principle of being able to audit these paper ballots. It's the whole reason we're going to paper ballots, to have good evidence of what the voter intended."

Skoglund explains, however, that it's not just Philadelphia preparing to use these systems in 2020. Other counties in PA are considering them as well, even though they are at least twice the price of a paper ballot system. Similarly states such as New Jersey and Delaware are moving to these same, horrible, unsecure systems. Elsewhere, jurisdictions from Georgia to Ohio to Kansas to Texas to Los Angeles are all preparing to move to only slightly less vulnerable (if equally unverifiable) BMD systems for 2020. That, instead of simpler, cheaper and actually verifiable HAND-MARKED paper ballot systems.

All of that is just part of what we discuss with Skoglund today that will likely leave your jaw hanging open as you wonder what the hell these people are thinking, and why it is that McConnell has disallowed Wyden's PAVE Act --- requiring HAND-MARKED paper ballots for all --- from becoming the law of the land long ago...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Journalist Steven Rosenfeld; Also: Trump threatens Iran, they laugh; Former Fox reporter rips channel's 'partisan misinformation'; Warren releases election plan for hand-marked paper ballots...
By Brad Friedman on 6/25/2019 6:44pm PT  

On today's BradCast: Are Democrats finally beginning to reconsider their incredibly ill-considered mandate to require remote voting for their 2020 Presidential caucuses via phone or Internet voting schemes? Our guest today says they may just be doing so! If so, that would be very good news and not a moment too soon! [Audio link to show follows below.]

But, first up today, speaking of "ill-considered", in an echo of his earlier posturing against North Korea, Donald Trump issued new militaristic threats and slapped new sanctions on Iran, including against its Supreme Leader, President, Foreign Minister and even the Islamic Nation's lead nuclear negotiator. The result is what Iranian officials describe as the "permanent closure" of diplomacy between the two countries. The new sanctions also resulted in the Iranian President mocking the measures as "outrageous and idiotic", "hilarious", "stupid and ugly", while charging the White House is suffering from a "mental illness".

Trump's new punitive measures come in response to Iran shooting down a U.S. drone, which they say entered its air space last week. The U.S. denies the charge, insisting that its spy plane was in international airspace over the Straight of Hormuz. And all of it comes in the wake of Trump pulling the U.S. unilaterally out of the 2015 treaty between seven world powers that prevented Iran from enriching enough uranium to create a nuclear weapon.

But now, as the Administration penalizes Iranian leaders --- who, by all accounts, have fully complied with the strict terms of the landmark accord struck under Barack Obama's Administration --- Trump and his team can't seem to understand why Iran is not interested in negotiating with them. They have, however, threatened Iran if they renege on the terms of the deal that Trump pulled out of, as Iran has now announced they intend to do. Of course, the possibility of, once again, touching off WWIII comes with Trump's threat today of "great and overwhelming force" and "obliteration" of Iran, just days after he reportedly cancelled a planned attack against them at the last minute last week.

All of which underscores the necessity of removing this dangerous menace from the White House, whether by impeachment or at the ballot box next year. Not that viewers of Fox "News", of course, have any idea of the facts behind these latest incidents, which all stem from Trump pulling out of the very good landmark agreement with Iran. In fact, even one of Fox' most beloved former reporters, "Campaign Carl" Cameron has now come out against the fake news channel's "partisan misinformation" in a video promoting his new news venture, Front Page Live, launched with progressives such as Joe Romm of Climate Progress.

As to removing the buffoonish, inept, unfit, dishonest Trump at the ballot box, that may not be as simple as it should be for Democrats, given both the proliferation of rightwing misinformation at Fox and other rightwing fake news outlets (such as the NY Post which removed its story on well-known magazine columnist E. Jean Carroll's new allegations that Trump raped her in a department store dressing some years ago) and the extraordinary vulnerability of our nation's voting, registration, and tabulation systems. To that end, 2020 Democratic hopeful Elizabeth Warren introduced a plan for election reform today which calls for, among other things, a mandate to replace the nation's easily-manipulated, oft-failed computerized voting systems with ones that allow every American to cast their vote by the safest, most verifiable method possible: HAND-MARKED paper ballots. Her measure is not unlike some of the provisions in HR-1 as passed by Democrats in the House and the PAVE Act, introduced in upper chamber by Sen. Ron Wyden, where it remains, along with all such election security bills, blocked by Republican Senate Leader Mitch McConnell.

But, where Democrats --- some of them anyway --- are coming around to the understanding that every voter in America must be allowed to cast their vote on a hand-marked paper ballot, the Democratic National Committee seems less than clear on the need for verifiable, publicly-overseeable election results. To that end, as we warned on the program some months ago, the DNC, following the 2016 election disaster, issued a mandate for all state Dem parties which choose to hold Presidential caucuses in 2020, rather than statewide primaries, to include some form of "remote voting" for party members who cannot attend in person.

That Democratic Party mandate, as our guest today Voting Booth's STEVEN ROSENFELD reported when we spoke with him back in March, has resulted in party officials in early caucus states such as Iowa and Nevada, scrambling to find private vendors willing to provide "remote voting" services that employee phone or Internet voting schemes. Today, Rosenfeld reports on what we'll call a moderately encouraging follow-up, finding that DNC officials may now be reconsidering that, frankly, insane mandate for unverifiable off-site voting systems.

"The thing about caucuses --- these are not government-run elections," Rosenfeld explains. "So this is really, really critical, because this means that all of the cybersecurity efforts --- of which there have been tremendous efforts made since 2016 to deal with trying to tighten systems --- those have all been in government election systems. These [caucuses] are private elections. So what the state parties will do in the caucus states is they have to rent a voting system. These do not have to be certified voting systems." That, of course, is an invitation to even less secure systems than those which already plague American elections, not to mention that cybersecurity experts consider Internet Voting schemes to be the most vulnerable of all such systems.

"So they're talking to different vendors who run these different systems. It's either going to be like using a telephone, to punch a button in to choose a candidate, or using an app, or using some kind of webpage." Rosenfeld, whose recent reporting on this includes discussion with the co-chair of the DNC's Rules & Bylaws Committee, says DNC officials plan to review state party plans this week, but may, in fact, not approve those plans after all.

Rosenfeld envisions a situation where, "in the first [Iowa] and third [Nevada] contests, the Democrats have a complete mess and Trump runs with it and yells and screams about 'stolen elections' all the way into the fall. The whole thing is just madness on top of madness."

Let's hope wiser heads prevail at the DNC, though I'm not holding my breath.

Finally today, Desi Doyen joins us for the latest Green News Report, with Vice President Mike Pence's embarrassing weekend appearance on CNN, in which he was unwilling to acknowledge his own administration's scientific warnings about the national security threat posed by our worsening climate emergency. Also on today's GNR, the Trump USDA is burying scientific reports on climate change, a deadly heat wave and acute water shortages are ravaging India, and --- with some good news --- G.E. has announced plans to shut down a natural gas power plant in California twenty years earlier than planned because renewable energy options are now both cheaper and cleaner!...

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Also: OR GOPers still on run; 'COVFEFE - Grounds for Impeachment'...
By Brad Friedman on 6/21/2019 6:26pm PT  

On today's BradCast: Iran and the world can breathe a bit easier for the moment, though children held in deplorable, overcrowded unsanitary conditions in U.S. detention centers near the border still may not. [Audio link to full show is posted below.]

At the last minute, reportedly, Donald Trump pulled his punch, thankfully, and called off an attack on Iran in retaliation for the U.S. drone shot down by the Islamic Republic on Thursday. That drone, Iran says, was a surveillance plane flying above its territorial waters. The U.S. contends the $100 million remote-controlled plane with a wingspan the size of a 737, was flying in international air space. But, no matter who has it right, none of this would have happened at all, had Trump not recklessly and stupidly pulled the U.S. out of the landmark anti-nuclear pact with Iran, struck during the Obama Administration along with France, Germany, the UK, Russia and China.

Trump, despite his wildly inaccurate claims about the Iran deal posted to Twitter this morning, was not the only one to show restraint in the matter. Reuters reports that Iran declined to similarly target a 35-man U.S. military aircraft said to have been accompanying the unmanned Global Hawk spy drone near the Strait of Hormuz in the Persian Gulf. Iran also says they sent "repeated warnings" to the drone operator before shooting it down.

Meanwhile, Democrats in Congress are calling for a "step back from the brink of war" by calling for Congressional debate over the issue, even as they've allowed Trump (and other Presidents) to wage war without Constitutionally-required Congressional approval previously. Over at Fox "News", of course, talking heads such as Brian Kilmeade were calling on Trump to bomb the hell out of Iran, as if the host of Trump's favorite morning show wouldn't be affected in the least from his couch in his NY studio by the potential of WWIII breaking out in the Middle East;

While we can breathe a bit easier on that score --- at least for the moment --- migrant children at detention camps being run by the U.S. Government, suffering under deplorable conditions, are not nearly as lucky. While a silly "debate" was waged this past week by Rightwingers pretending to be outraged by Rep. Alexandria Ocasio-Cortez' accurate reference to U.S. holding facilities for migrants as "concentration camps", the Trump Administration's Dept. of Justice was in court stunning judges by arguing that a long-standing legal settlement requiring migrant children be held in "safe and sanitary" conditions, doesn't mean they have to have either soap or toothbrushes, and that sleeping on concrete floors in freezing, overcrowded cells with only a piece of aluminum foil to keep them warm, is just fine.

The Texas Tribune takes advantage of the moment surrounding the disingenuous "concentration camp" debate to round up just a few of the horrific stories reported over the past month that would seem to prove that, yes, these are, in fact, concentration camps. And, if there was any remaining question, the Associated Press filed an horrific account Thursday night of what attorneys found at one such facility near El Paso, where frightened children are being forced to look after terrified toddlers, while going for "weeks without bathing or a clean change clothes." One attorney who represents detained children said: "In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity".

In Oregon, as we noted yesterday, Republican state Senate lawmakers have left the state to avoid the quorum needed to vote on an important climate change bill supported by Democrats that, if adopted, would help both Oregonians and the planet. Those lawmakers are now being fined $500/day for missing work, as state police have been ordered to try and round them up. It's the second time in weeks that the GOPers have fled the state. Last time it was in hopes of preventing a vote on a $2 billion funding package for schools. The state's Democratic Governor, Kate Brown, foolishly negotiated with the Republicans the first time to bring them back for that vote after four days, by promising to table planned votes on gun safety and vaccines. But, negotiating with terrorists only results in more terror. So, the Republicans have now pulled the same stunt all over again.

Finally, we can't help but notice throughout today's program how much of the chaos and suffering the nation (and world) is undergoing right now might be eased if Donald Trump was simply removed from office for some of his many high crimes. On that note --- and to lighten things up a bit at the end of another grim week --- we close out with COVFEFE - Grounds for Impeachment, a catchy new tune courtesy of Roy Zimmerman and Melanie Harby, as shared with us by Victoria Parks from our Columbus, OH affiliate WGRN! Enjoy!...

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Guest: Dr. Assal Rad of the Nat'l Iranian Amer. Council; Also: OR Repubs skip town; House re-launches bipartisan 'Climate Solutions Caucus'...
By Brad Friedman on 6/20/2019 6:04pm PT  

On today's BradCast: Already increasing tensions in the Middle East got much higher today after Iran shot down an unmanned U.S. surveillance drone last night, which the Islamic Republic claims had crossed their border into their airspace. The U.S. contends the spy plane, a U.S. Navy RQ-4A Global Hawk that can fly as high as 10 miles in altitude with a wingspan as wide as a Boeing 737, was in international airspace at the time it was downed by an Iranian surface-to-air missile. Both nations suggest they have evidence to support their claims about the location of the craft when it was shot down. [Audio link to show is posted below.]

Tensions in the region have been rapidly rising in recent weeks as the U.S. has blamed Iran, without presenting evidence, for several attacks on shipping tankers near the narrow Straight of Hormuz, which borders Iran in the Persian Gulf and through which 20% of global oil supplies travel. Iran has denied any involvement in those incidents, other than helping to rescue the crew of one of the tankers and extinguishing its fire. But war-hawks in the U.S. have been banging the drums against Iran for some time. They applauded Donald Trump's unilateral withdrawal last year from the Joint Comprehensive Plan of Action, or JCPOA, the landmark deal struck between Iran and seven other nations during the Obama Administration. The hard-fought treaty ended any possibility of Iran enriching uranium for use in weaponry, at least until Trump broke the deal that had lifted crippling, years-long sanctions against Iran. Trump reinstated the sanctions after becoming President and pulling out of the pact that even his own Administration admits Iran has been in full compliance with.

On Thursday, Trump described Iran's action as "a very bad mistake" and "a foolish move", while repeatedly telling reporters "you're going to find out", when asked how and if the U.S. plans to respond. He did suggest, however, during Oval Office remarks, that he believed the incident must have been unintentional or taken by "someone who was loose and stupid" --- as if to suggest he was reluctant to retaliate and/or make the situation worse.

Nonetheless, at the very same time, GOP hawks in the Senate like Sen. Lindsey Graham (R-SC) seemed eager to inflame the situation by warning that Iran "needs to get ready for severe pain," vowing that "if [Iran] is itching for a fight, they're gonna get one."

We're joined today to discuss all of this by DR. ASSAL RAD, Research Fellow and policy analyst at the nonpartisan, nonprofit National Iranian American Council. In a statement today, the group's President, Jamal Abdi, counseled for both nations to "firmly step away from the path to war" by seeking out "third party mediators who can help de-escalate and bring the U.S. and Iran back to the negotiating table."

Rad explains what is known and unknown about the current situation, how dangerous the situation has now become, and how Trump's restoration of sanctions has crippled Iran's economy, at least for the working class, leading to severe shortages of food and medicine. In addition to increasing military tensions, she tells me, Trump's violation of the anti-nuclear pact has led to both increased uranium enrichment --- bringing Iran closer to the ability to build nuclear weapons if they desire --- as well as strengthening the political hand of anti-U.S. hardliners in the Islamic Republic.

"What Trump has done," she tells me, "is played into the hands of the hard-line elements in the country, tarnishing the image of the U.S., which was very positive. But, of course now, as they suffer, it's much easier for that government to point to the United States as the blame."

"On the U.S. side, of course, the argument can be made that there's a credibility issue, given that President Trump has gone back and forth in the tone he takes with Iran. He'll tweet something like 'we're going to end Iran' and 'that was a big mistake on Iran's part', and then walks it back. 'No, we don't want regime change' or 'we don't want a war'. But then he has advisers, like the National Security Advisor John Bolton, who argues exactly for those goals."

"And that's not, by the way, to give credibility to the Iranian side," Rad made clear. "The Iranian side also lacks credibility in their own right. And that's why without a full investigation and having evidence, I would avoid drawing conclusions. And certainly taking action based on conclusions that aren't based on full evidence."

She notes that "sometimes the way that our media frames it, it makes it seem like the Iranian side is an irrational party --- and yet that is the party that agreed to the deal and has abided by that deal, despite the fact that the U.S. abrogated that deal a year ago."

"One of the things that we know about war is that it's unpredictable. We don't know what will be the consequence. And to prevent this sort of unforeseen concern that something terrible could happen, we have the opportunity right now to prevent it," she concludes with optimism, advising fellow Americans to speak out to our representatives in Congress to urge them to find a peaceful solution to the quickly escalating crisis.

Then, just to lighten things up, we turn to our worsening climate crisis! With Republican state Senators in Oregon fleeing the state on Thursday to avoid a quorum needed for final approval of a sweeping bill meant to help curb climate change by reducing carbon and capping greenhouse gas emissions through a cap-and-trade system. Democratic Gov. Kate Brown has now authorized state police to try and find the rogue lawmakers and bring them back to the capital. Meanwhile, back in D.C., Florida Congressmen Ted Deutch (D) and Francis Rooney (R) announced the re-launch of a bipartisan 'Climate Solutions Caucus' with about 60 members, including more than 20 Republicans.

We get some thoughts on both of those stories from a skeptical (cynical?) Desi Doyen, who also joins us for the latest Green News Report, with troubling news on the Trump Administration's official roll back of Obama's landmark Clean Power Plan in favor of scheme to aid the coal industry which, according to Trump's own EPA, will result in the premature deaths of thousands of Americans. But, she's also got some good news for us today --- and not a moment too soon --- out of the state of New York, where lawmakers did not skip the state, but instead adopted one of the world's most ambition climate change action plans...

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Court punts on discrimination case, allows VA racial gerrymander fix, leaves Constitution's double-jeopardy loophole in place; Also: Iran pushes back; More bad 2020 news for Trump; Confused anti-choicer rings in...
By Brad Friedman on 6/17/2019 6:57pm PT  

Catching up with a weekend's worth of news in the Trump era plus the new Supreme Court decisions dropped on Monday is no easy feat. But we do our best, on today's BradCast, to get you up to speed after all of that and the madness yet to come (no doubt) this week. [Audio link to show is posted below.]

Among the stories covered today...

  • A quick update on the case of anti-authoritarian author and journalist David Neiwert who we interviewed on Friday. Incredibly, his Twitter account is still suspended almost a full week since Twitter first took him down due to his use of a graphic on his profile from the cover of his most recent book, Alt-America: The Rise of the Radical Right in the Age of Trump. The image is a Ku Klux Klan mask over each of the white starts on the U.S. flag, which the anti-KKK author is being told he must remove because it's considered a hate symbol. He still refuses to do so, and Twitter has yet to reassess it's ill-considered policy;
  • Next, Iran has announced that, in the next 10 days, it is speeding up nuclear enrichment and will exceed the levels of uranium allowed under the landmark seven-nation anti-nuclear agreement brokered during the Obama Administration, following the Trump Administration's unilateral withdrawal from the treaty last year and his subsequent violations in restoring crippling sanctions against the Islamic Republic. With what had been a very good deal now broken by Trump, the Administration continues to saber rattle against Iran, with AP reporting late today that the U.S. plans to send an additional 1,000 troops to the Gulf;
  • Back home, the U.S. Supreme Court has begun releasing its end of term opinions. Among those released today, the Court ducked a ruling concerning yet another baker --- this time in Portland, Oregon --- who refused to bake a cake for a same-sex wedding. Sending the case back down to the lower court also likely means they will avoid having to make a decision on it during their next term, which ends smack dab in the middle of the 2020 Presidential election season;
  • More substantively, for the moment, good news for Democrats as the Court allowed a lower court ruling to stand in Virginia, where Republicans were found to have used unlawful racial gerrymanders in drawing state legislative seats after the 2010 census. The lower court has imposed fairer maps that will now be used, for the first time, in the Commonwealth's statewide elections this November. (VA holds "off-year" elections, so the entire House of Delegates will be on the ballot when one or both of the General Assembly's chambers could finally be taken over by Democrats with new, fairer maps in place.) The Supremes let the lower court ruling stand after determining that the gerrymandered GOP House of Delegates did not have standing to intercede after the state's Democratic Attorney General chose not to appeal the new maps mandated by the lower court. The 5 to 4 decision, however, was a mix of very strange bedfellows, with liberal Justice Ruth Bader Ginsburg writing for the majority and supported by Justices Sotomayor and Kagan (not a surprise) along with Thomas and Gorsuch (very much of a surprise!). That also left the usually progressive Stephen Breyer siding with the rest of the Court's right-wingers. Though we speculate on that strange mix of votes, we hope to have more insight later this week;
  • And in the last of the SCOTUS matters for today, the Court also ruled on a case of double-jeopardy regarding a man facing prison time from both the state of Alabama and the federal government for the same crime. What has become a loophole in the U.S. Constitution's restriction against being tried twice for the same crime will remain in place, despite the dissent from --- another odd couple --- Ginsburg and Gorsuch who both dissented. But that bad news for civil libertarians who had hoped to close that Constitutional loophole once and for all with this case, is good news for those who fear Donald Trump may pardon members of his crime syndicate, like his former campaign chair Paul Manafort. He is currently facing years in federal prison, unless pardoned by Trump. But, due to the Constitutional exception that allows similar crimes to be tried against the same person at both the state and federal level, even if pardoned, Manafort would be forced to face the fraud charges currently filed against him by the state of New York;
  • And, speaking of politics and Trump-related criminality, a new survey by the President's favorite fake news outlet, Fox "News", finds at least five of the top 2020 Democratic Presidential candidates are defeating him in NATIONAL polling, with former Vice President Joe Biden and Sen. Bernie Sanders currently dusting Trump by about ten points each. Also besting Trump in the new national poll currently --- well over a year out from the actual election --- are Senators Elizabeth Warren and Kamala Harris, as well as South Bend, Indiana Mayor Pete Buttigieg, though their leads are within the poll's margin of error. The new Fox poll echoes similar findings from Quinnipiac last week. So we offer similar warnings about the misleading nature of national polls (we don't have a national election! Just ask Hillary Clinton!), especially those taken 17 months before Election Day and before Democrats have even held their first debate (scheduled for next week);
  • In perhaps more noteworthy polling news, there has been a steep and quick rise in support for official impeachment hearings --- at least among Democrats --- as revealed by a new NBC News/Wall Street Journal poll. And, with that, pressure for impeachment continues to rise in Congress as well, according to comments from Democratic New York Rep. Alexandria Ocasio-Cortez who discussed the matter over the weekend on ABC's This Week. We share part of her remarks from Sunday in which she (correctly) argues that "impeachment is incredibly serious and this is about the evidence the President may have committed a crime, in this case, more than one." Rebutting the political considerations that have, so far, prevented U.S. House Speaker Nancy Pelosi from allowing the Democratic caucus to begin an official impeachment inquiry in the House, AOC adds: "Our decision on impeachment should be based in our Constitutional responsibilities and duties and not in elections or polling";
  • Finally, with the little time we have left today, we open up the phones to some calls, which is mostly eaten up by a woman who appears to be very confused in her "pro-life" anti-abortion argument about how conception actually occurs, as she cites her Christian religion for why women should not be able to decide for themselves regarding personal health care decisions.

Good luck with that! And enjoy today's program...

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Guest: Author, investigative journalist David Neiwert; Also: Don't fall for Admin's Iran scam; DNC sets spots for first 2020 debate; Sanders defends democratic socialism, calls for FDR's Economic Bill of Rights...
By Brad Friedman on 6/14/2019 6:49pm PT  

On today's BradCast: A longtime investigative journalist who has documented the rise of the radical right has been suspended from Twitter for a ridiculous reason. Should that be cause for alarm for some of those on the left who applauded the recent removals of right-wingers from that and other social media platforms? [Audio link to show follows below]

But, first up today: Don't fall for it. The Trump Administration is making all sorts of evidence free allegations that Iran is attacking shipping tankers in the Persian Gulf. The Japanese owner of one of those tankers offers evidence that directly contradicts the U.S. claims and, so far, no other country is backing up Sec. of State Mike Pompeo's litany of evidence-free charges that Iran is behind a number of recent attacks. Of course, that didn't keep Donald Trump from telling Fox "News" on Friday: "Iran did do it and you know they did it, because you saw the boat." He was referring to a grainy, black and white video released Thursday night by U.S. Central Command purporting to show an Iranian vessel removing an unexploded mine from one of the tankers. Funny how easily Trump is convinced by remarkably thin evidence about something he wants to believe, versus mountains of evidence, gathered over years by independent sources, on things like climate change and his own obstruction of justice. Don't fall for it. Not again.

Then, we're joined by award-winning investigative journalist DAVID NEIWERT who, since Tuesday, has been "temporarily suspended" from Twitter due to a profile graphic he's used for two years on his account there, without incident, as taken from the cover of his 2017 book Alt-America: The Rise of the Radical Right in the Age of Trump. Neiwert, who has been a contributing writer for the non-profit Southern Poverty Law Center's "HateWatch" blog, as well as for MSNBC where his 2000 reporting on domestic terrorism earned him the National Press Club Award for Distinguished Online Journalism, was informed by the popular social media platform that the profile graphic from his book --- a cleverly designed image of KKK hoods atop each of the white stars on the American flag --- violates Twitter's "sensitive media policy" rules barring "symbols historically associated with hate groups" in profile or header images.

Obviously, his use of the graphic is meant as commentary on those symbols, rather than in support of them. Still, his "temporary suspension" has resulted in all of his tweets being unavailable and a restriction on posting any new ones until he removes the graphic in question. He is refusing to do so, though he is still in contact with Twitter and hopes to negotiate a solution to what he describes at Daily Kos today as an ill-conceived policy that fails "to distinguish hate speech from the efforts to oppose it".

"Literally, they can set any standards that they want, because they are private platforms," he tells me, correctly noting that the U.S. Constitution's First Amendment free speech clause applies only to the Government, not private businesses. "Twitter has announced that it wants as its standard to remove hate speech. But it isn't distinguishing between hate speech and actual efforts to fight hate speech. It's not making that distinction. And it's supposed to be doing this on behalf of the effort to fight hate speech, because this is its standard."

"The problem is they're basically trying to replace human judgment with an algorithm. And algorithms are stupid. They can't figure this stuff out. They lack the human judgment." Nonetheless, as we discuss, even after his graphic may have been pinged by an algorithm --- likely set off by folks on the alt-right who dislike him --- human intervention has yet to result in his account being unlocked again.

With some 500 million tweets a day, he recognizes, the platform must "use algorithms to flag these things, that's just the nature of the beast. But how many suspensions for hate speech do they make? Probably not very many. Probably in the hundreds. That's something that's manageable on a human level, and it's something that requires human judgment to make those calls. And they just need to bite the bullet and recognize that they need to employ smart, well-trained humans to do that job. That they can't rely on an algorithm to do it."

Neiwert has supported the recent deplatforming across a number of the most popular social media outlets such as Twitter, Facebook and YouTube of conspiracy theorists like Alex Jones of InfoWars, right-wingers like Milo Yiannopoulos and White Nationalists like Richard Spencer, though he notes that others, such as former KKK Grand Wizard David Duke have not been removed. Nonetheless, while the removal of far right figures has been met with cheers from many on the Left, should Neiwert's case give pause to some of those cheering progressives? Isn't fascist speech still free speech after all? And what happens if a right-winger were to take over ownership of outlets like Twitter? We discuss that and much more, including Neiwert's very early and astonishingly prescient warning about Donald Trump way back in late 2015.

Also today, the DNC announces the results of its random drawing to determine which ten 2020 Democratic Presidential candidates will appear together on each of the two nights of the first Presidential debates set for June 26 and 27 in Miami. And then we close with an excerpt from candidate Bernie Sanders' recent policy address at George Washington University in which he calls for a 21st Century Economic Bill of Rights modeled on one sought by FDR to guarantee a living wage, affordable housing, health care and a complete education for all, as he makes the case that democratic socialism is the only way to offer "true freedom" from corporate oligarchy and rising authoritarianism...

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Guest: MIT nuclear proliferation expert Vipin Narang; Also: Flooding, evacuations in AR, MO; GOP pushback against Trump's new Mexican tariff scheme; The necessity of continuing to talk about impeachment...
By Brad Friedman on 5/31/2019 6:44pm PT  

On today's BradCast, we really tried to talk about something other than impeachment...and we mostly did! You're welcome! But don't expect it to last. [Audio link to show follows below.]

First up today, as predicted, during a very brief pause in the record severe weather that's been afflicting the central U.S. for weeks, flooding continues to be a major problem today and is getting worse. Mandatory evacuations are now in place in both Arkansas and Missouri after levees have breached, been topped or may do so soon both states. Thousands of homes are threatened there and elsewhere as some 80 different river gauges in 10 different states indicate the highest category of major flooding, with more severe weather predicted in the days ahead for rain soaked Oklahoma, Kansas, North Dakota, Louisiana and other Midwestern states.

In politics today, Republicans and major business groups are pushing back at Donald Trump's surprise announcement on Thursday evening that he plans to impose unilateral new taxes on all goods coming in from Mexico, in hopes of forcing our southern neighbor --- in some fashion --- to stop the flow of migrants coming into the U.S. from Central America. The new tariffs --- which are taxes paid by American importers and consumers (despite the President mischaracterization) --- would begin at 5%, and increase by the same amount until reaching 25%under Trump's scheme. A number of GOP lawmakers, particularly in farm states such as Iowa, are blasting the proposal, and warning that it is likely to derail Congressional ratification of Trump's updated NAFTA agreement with Mexico and Canada. It is also likely to cost billions to American businesses --- particularly in the automobile and agriculture sectors --- and threaten hundreds of thousands of jobs.

Meanwhile, calls for official impeachment proceedings to begin against the President get louder each day following Special Counsel Robert Mueller's statement this week clarifying the evidence in his report of serious obstruction of justice crimes by the President and a need for Congress to take action. A stunning reported comment from an attendee at a town hall held this week in Grand Rapids by Michigan's Republican Rep. Justin Amash underscores the necessity to continue informing the public about Mueller's findings. (So, yeah, we're gonna have to continue doing so. Sorry.) Amash remains the only Republican member of Congress, so far, to call for impeachment proceedings and, perhaps, clearest and most effective voices among Rs or Ds in Congress as to why taking action to hold the President accountable is so crucial.

But outside of Congress, a group of former high-level GOP attorneys are also making their voices heard, with a new video detailing several of Trump's obstruction crimes highlighted by Mueller. The group, Republicans for the Rule of Law, says they plan to begin airing a shorter version of their new ad on TV outlets such as Fox "News", where --- at least according to that attendee at Amash's town hall --- only fake news, falsely claiming Mueller exonerated Trump, is being heard.

Finally today, after several months of relative calm during negotiations with Trump, North Korean dictator Kim Jong Un began testing missiles again in early May. While Trump's National Security Advisor John Bolton has described the tests as a violation of U.N. Security Council resolutions, and South Korea sees the tests as a potential violation of recent agreements between the two Koreas, Trump has continued to downplay --- or completely deny --- Kim's actions.

At the same time, as the North fires ballistic missiles and continues to amass nuclear weaponry, Trump --- who spent the Memorial Day weekend in Japan to discuss this and other matters --- still seems more obsessed with Iran, who does not have nuclear weapons, but is now said to be increasing their fissile material enrichment program in the wake of Trump pulling out of the seven-nation anti-nuclear agreement struck during the Obama Administration. Trump now says he'd "like to make a deal" with Iran, but Iran says they see "no prospect" of such a deal with this American President.

We're joined today by VIPIN NARANG of MIT's Security Studies Program to try and make sense of what is or isn't going on on the Korean peninsula, and how the Trump Administration is or isn't responding to both North Korea and Iran. That, after Trump sided with Kim, while on foreign soil in Japan last weekend, to attack former Vice President and 2020 Presidential hopeful Joe Biden --- and amidst unconfirmed reports from South Korean media that Kim has executed his top nuclear negotiator and four other senior Foreign Ministry officials following the failed summit between him and Trump in Hanoi, Vietnam last February.

Among the very clarifying information from Narang on North Korea, he warns: "The risk now is that by [Trump] green-lighting North Korean tests short of ICBMs, it may encourage or embolden Kim Jong Un to continue testing more frequently, and maybe longer-range missiles. We've seen Trump flip very quickly, so if Kim Jong Un makes a mistake of pushing the line just a little bit too far, or testing one missile too many, President Trump can flip and feel betrayed very quickly." He adds: "If you get a missile test that really pushes a line, then we could end up back [like] in 2017 [with threats of 'fire and fury'], but without the possibility of a diplomatic off-ramp."

Narang, who focuses at MIT on nuclear proliferation, strategy and South Asian security, is the author of the award-winning Nuclear Strategy in the Modern Era. Among the insights he offers regarding Trump's on-again, off-again chest thumping against Iran: "It's very difficult to envision a deal with Iranians that is better than the JCPOA ... You're not going to get everything you want in a deal, and that's what the Iranians were willing to accept. And then you have to ask yourself, is a world with the JCPOA in that incarnation better than a world without? And I think it was. It was working."

In both cases, in North Korea and Iran --- as well as the United States --- Narang warns that "dysfunction within the [Trump] Administration" is allowing hardliners to gain the upper-hand against peace initiatives. "The irony is that the hardliners in the United States that want to press Iran, and press North Korea, forget that those countries have hardliners, also." Our actions, he cautions, are now serving to embolden them.

"The horse is out of the barn in North Korea. You're not going to take away their nuclear weapons. The aim should be to avoid a war," he argues. "In the medium term, the risk with this strategy is that North Korea miscalculates, or that Iran miscalculates, and then Trump flips...In the long run, the problem is if this dysfunction isn't sorted out, we are setting ourselves up for crises in both areas."

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Leon County's 30-year veteran Election Supervisor tells us FBI lied about hacks in 2016; Rubio covered up in 2018; FL ballots will be unverifiable in 2020; calls NSA 'leaker' Reality Winner a 'heroine'; warns new GOP law means 'Jim Crow' has returned to the Sunshine State
Also: Trump's Iran war threat; AL bans almost all abortions; NC-9 do-over candidates set...
By Brad Friedman on 5/15/2019 6:59pm PT  

It seems that even Republicans in Florida have finally been forced to notice/admit what we've been pointing out about the 2016 election for years now. And our guest on today's BradCast, a longtime county elections chief from the Sunshine State, is none too happy about any of it. He offers several serious-as-a-heart-attack warnings about 2020 in the bargain. [Must-listen audio link to show is posted at end of article.]

But, first up today, the nation and world continue to pay a dangerous and painful price for whatever did or didn't happen that resulted in the election of Donald Trump in 2016. The Administration continued to ratchet up their threats of war against Iran on Wednesday by ordering all nonessential U.S. Government staff out of Iraq, citing unspecified and publicly unsupported claims of threats from Iran. The face-off clearly comes from Trump's ill-considered decision to pull out of the 2015 Obama Administration-brokered, seven-nation nuclear agreement which had effectively ended Iran's nuclear program. Though even the Trump Administration conceded Iran has been faithful to the anti-nuclear pact, Trump withdrew the U.S. and re-imposed crippling sanctions. He's now threatening war, for reasons that nobody seems to understand, and has deployed war ships and bombers to the tinder-box region.

Back at home, Trump's stolen U.S. Supreme Court has inspired dozens of new anti-abortion laws in state after state. On Wednesday, Alabama Gov. Kay Ivey signed the most draconian measure yet, a bill that would outlaw almost all abortions, including in cases of rape and incest, while jailing doctors who perform the (currently) Constitutionally-protected procedure for up to 99 years. The new law, adopted on Tuesday by the male-dominated state Senate and signed less than 24 hours later, would not only force women to carry the child of their rapists, it could also penalize doctors more harshly than the rapists. The ACLU has vowed to challenge the law which would require even pregnant 11-year old rape victims to carry their baby to term.

In North Carolina on Tuesday, Republican primary voters selected their candidate to run against Democrat Dan McCready in the do-over election for the state's 9th U.S. House Congressional District after the Republican candidate and Baptist Minister Mark Harris was discovered to have hired a GOP contractor who carried out a massive Absentee Ballot Fraud Scheme last November. The 10-candidate GOP primary resulted in hard-right, Trump-loving state Senator Dan Bishop being selected to run against McCready in September's do-over election. Bishop is the author and lead sponsor of NC's infamous 2016 law restricting bathroom access for transgender people.

But, as the nation and world continue to pay the price for Trump's nightmarish Presidency, new questions emerge (or, at least, are finally being noticed by Republicans) regarding his own supposed 2016 election victory. On Tuesday, Florida's new Republican Governor Ron DeSantis acknowledged the FBI notified him that election systems in at least two different Florida counties were infiltrated by by Russian intelligence in advance of the 2016 election. He says the FBI has barred him from publicly stating which two counties those are.

The news comes on the heels of similar (and similarly vague) allegations detailed in the redacted Special Counsel report [PDF] from Robert Mueller (see Volume II, page 50, "Intrusions Targeting the Administration of U.S. Elections"), as well as public claims in 2018 made by Florida's then Democratic U.S. Senator Bill Nelson. Nelson's assertions about Russian access to the state's elections systems were publicly ridiculed at the time by then Gov. Rick Scott and other GOPers, even though Florida's Republican U.S. Senator Marco Rubio was told about the same information at the same time as Nelson in the Senate Intelligence Committee. Scott would go on to narrowly defeat Nelson for the Senate seat in 2018 and Republican DeSantis is said to have narrowly edged out Democratic gubernatorial candidate Andrew Gillum on the same day. Both races were so close they resulted in unprecedented statewide "recounts".

However, as our guest today, 30-year veteran Leon County, FL Supervisor of Elections ION SANCHO explains, "recounts" in Florida amount to little more than running the same paper ballots through the same optical-scan computers which tallied them --- either correctly or incorrectly --- in the first place. Sancho, the legendary elections chief in Tallahassee, the state's capital, was so well-respected by all sides that he was tapped in 2000 to oversee FL's notoriously aborted Presidential recount that year. He is furious today about DeSantis' announcement, the secrecy behind which are the counties that were penetrated (he retired after the 2016 election), and explains that he was lied to by the FBI when he was told, during a then confidential conference call with Bureau officials in 2016, that "no county had been hacked" in the run-up to the election.

"The Justice Department has continued to obfuscate and lie about this situation from the very beginning. I was on a confidential call on September 30, [2016] in which all 67 election officials here in this state, and the state election officials, were informed by the FBI that no county had been hacked. The state hadn't been hacked. They told us that. And we now know, from the documentation that's been released through The Intercept and Mueller, that was false. We now know from the documentation, some time in early August [of 2016], the successful penetration occurred."

Sancho also now questions whether there were more than two counties penetrated and says he has no reason to trust the claims by either DeSantis or federal officials that election results were unaffected by the attack. "Here's the crazy thing about it," he tells me, "the Russian GRU knows which counties they've penetrated. The only people that don't know are the election officials and the citizens and voters of the state...it's time the American citizenry, particularly Floridians, figured out that information."

He also hails NSA whistleblower Reality Winner as a "heroine" for alerting the world to documents revealing that the Russian GRU had penetrated elections systems in Florida (and possibly elsewhere) via coordinated spear-phishing attacks that allowed them access to voter registration and website election results reporting systems made by VR Systems, a private election systems vendor with contracts in dozens of U.S. states. Winner is currently serving 5 years in federal prison for having leaked those documents to The Intercept in 2017.

Sancho demands to know "why Homeland Security decided to keep critical information from state and local election officials" for so many years. "Why weren't we told?" He also furious at Rubio and other Republicans for their treatment of Nelson when he tried to blow the whistle himself last year. "Nelson was vilified as being old and senile for saying such a ridiculous thing. And actually he was right...And quite frankly, the individual whose stock falls in my eyes is Senator Rubio, who confirmed what Sen. Nelson said, only after the election. He could have told the truth, and said that Sen. Nelson is raising a valid point. He kept his mouth shut. He put his party over this nation, and we are poorer for it today."

As to the security of the state's election systems as we head into 2020, he warns that "Florida is not well protected," adding a chilling note: "You do a reconnaissance before a major attack," he tells me, "and I don't think we've had the major attack yet."

Sancho has plenty more to say regarding Florida's move to unverifiable computer-marked paper ballots in advance of the upcoming Presidential election, and much more that I hope you'll click below to tune in for. There's simply too much to fully summarize here.

But one last point for now. Sancho also offers his thoughts today on the recent measure passed by GOP state lawmakers to undermine Florida's Constitutional Amendment 4 which was adopted by nearly 65% of statewide voters last November, allowing some 1.5 million former felons in Florida who have completed their prison sentences as well as all parole and probation, to have their voting rights restored. The new GOP measure, which awaits DeSantis' signature, would bar those newly-eligible voters --- including more than 20% of the states African-American voting-age population --- from registering to vote unless all court-imposed fines and fees are paid.

"What the Republicans did was reprehensible," Sancho rails, arguing that the bill contradicts "the overwhelming, clear language" of the statewide constitutional ballot measure. Many have described the new GOP bill as a poll tax. Sancho calls it more "cash register justice", as it will allow those with money to vote, but not those without. "This is clearly restricting the right to vote based upon who can afford to pay. Jim Crow has been reestablished in Florida."

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Guest: Slate's Mark Joseph Stern; Also: Trump panics over impeachment, sets course for Constitutional crisis by blocking lawful subpoenas...
By Brad Friedman on 4/24/2019 6:39pm PT  

On today's BradCast, Donald Trump's Administration is now barreling the nation towards one or more unprecedented Constitutional crises as he panics about the possibility of impeachment. But the fruits of the GOP's labor in violating Constitutional norms to steal a majority on the U.S. Supreme Court may now finally be set to pay off for them for at least the next decade. [Audio link to show is posted at end of article.]

First up today, however, some quick election results following a few contests around the country on Tuesday. In a Special Election for a vacated state Senate seat in Tennessee, Republican Bill Powers reportedly defeated Democrat Juanita Charles. The result wasn't a surprise in a state where the GOP now enjoys a supermajority in both chambers of the General Assembly. But Powers is said to have won by just under 10 points. That's a 13-point swing towards the Democrats in a very Republican district from what would normally be expected.

In Tampa, Florida former police Chief Jane Castor was elected by a 73% landslide to become the city's first openly gay Mayor, the first to lead a major city in the U.S. Southeast. The victory comes less than one month after the openly gay Lori Lightfoot was elected Mayor in Chicago. Castor was outspent 2 to 1 by her opponent, David Straz, a 76-year old banker who wasted $5 million of his own money on the race and also outspent the other seven candidates combined in last month's primary.

Back in D.C., the U.S. House General Counsel filed a motion in federal court seeking to block Trump's re-appropriation of some $6 billion from the Defense Department to build his wall on the Southern border. The House --- which voted, along with the Senate, to block Trump's "national emergency" declaration and his re-allocated spending, only to be vetoed by the President --- argues that Trump's actions are unconstitutional as contracts are being awarded and money spent to build and repair border barriers with funding that "Congress did not appropriate for that purpose."

But federal judges who actually believe in following the Constitution may be in shorter supply these days, as Trump and the GOP have packed the courts with "conservatives" of convenience --- jurists who claim to believe in one set of principles but follow a radically different path when it suits their political whims. Trump is counting on such activist judges as he announces his Administration is now blocking all White House and other executive agency officials from responding to lawful document demands and subpoenas issued by Congress. In just the past 24 hours, the Administration has directed several current and former officials to not respond to lawful Congressional subpoenas for testimony and has denied statutory requests for financial documents of Trump and a number of his companies. Trump also, on another Twitter tear today, vowed to seek help from his stolen SCOTUS in the event that he is impeached.

Our guest today, MARK JOSEPH STERN, legal reporter for Slate, offers insight on all of the above, before we focus on the even more disturbing news regarding Tuesday's oral arguments at the Supreme Court regarding the Commerce Department's attempt to add a question on citizenship to the 2020 Census.

Stern, who was present at the Court for argument on Tuesday, suggests the outlook is not encouraging. He tells me he counted five rightwing Justices who appear eager to overturn three lower court rulings which found Commerce Secretary Wilbur Ross lied about his reasons for unlawfully directing the Census Bureau to add the question despite objections from career Census professionals who advise that the question would result in a massive under-count of Hispanic and immigrant populations.

The decennial count of all "persons" in the U.S., (as the Constitution requires), may be off by as many 6.5 million people if the question is added, largely in areas that tend to vote Democratic, according to the experts. The result would be felt for the next decade --- particularly in Democratic-leaning cities and states --- as the Census is used to allocate hundreds of billions of dollars in federal spending, as well as how Congressional and state legislative districts are mapped and residents represented, and even how electoral votes are to be allocated.

"This was just a real bloodbath for the plaintiffs here," Stern tells me about Tuesday's oral argument. "This case should have been so simple. Wilbur Ross, the Secretary of Commerce lied about his reason for including a citizenship question on the Census. He lied, and he got found out. He is the one who asked the Justice Department to create some pretext for the citizenship question. And beyond that, Ross busted through a bunch of statutory roadblocks that are supposed to prevent the inclusion of gratuitous questions on the Census."

"The lower court in this case said, 'I count Wilbur Ross violating the law in at least six separate ways.' The Supreme Court only has to find one of those ways to be compelling to stop the citizenship question and say no," Stern laments. "But I don't think a majority of the court is willing to step in and stand up for the law. And I fear the reason is because they know exactly why the Trump Administration wants the citizenship question on the Census."

Stern details what he describes as hypocrisy displayed by the Court's five Republican Justices during argument, as they cited everything from the Voting Rights Act (which they voted to gut) to international law (which they have dismissed as having no basis in U.S. law) to deference to federal agencies (which they have famously undermined in recent years when it comes to environmental regulations and other disputes where courts had traditionally deferred to executive agency expertise) in posing questions that indicate they plan to approve the new question meant to rig the Census. "It was a very bad day for truth at the Supreme Court," Stern reports.

"Hypocrisy doesn't even begin to capture what this is," he argues. "I can only hope that Kavanaugh and Gorsuch begin to apply international law in death penalty cases, as well. But something tells me this is a ticket good for one ride only."

Finally, Desi Doyen joins us for the latest Green News Report (after we ran out of time for it yesterday) with another troubling mix of both good news and bad for the nation and the planet...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Desi Doyen on 4/23/2019 11:17am PT  


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IN TODAY'S RADIO REPORT: Gas prices set to spike again after Trump imposes new sanctions on nations that import Iran's oil; Redacted Mueller report shows Russian trolls stoked divisions over climate and coal in 2016 election; European Union votes to curb plastic pollution; PLUS: The Big Apple goes big and green with its own Green New Deal... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Climate Change Worsened Global Inequality, Study Finds; Since the first Earth Day, the planet’s CO2 levels have gone off the rails; Ice Loss From Greenland Now Six Times Rate In 1980s, Scientists Find; Indiana chamber rejects ex-EPA chief Pruitt effort to keep coal-fired plants online; Nevada Aims to Rid Its Grid of Fossil Fuels; Losing Arctic Ice and Permafrost Will Cost Trillions as Earth Warms, Study Says; Arrests at London Climate-Change Protests Top 1,000; Ag Census: Is it a Farm if it Doesn’t Sell Food?... PLUS: We Asked All 2020 Democrats About Climate Change. Here Are Their Ideas... and much, MUCH more! ...

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Finds Russians implanted malware, but didn't check if results affected
Also: News avalanche; AOC 'looks back' from future; Callers ring in on impeachment...
By Brad Friedman on 4/22/2019 6:45pm PT  

On today's BradCast, new details from Special Counsel Robert Mueller's report supporting the argument we've been trying to make for the last two years: Nobody ever checked the results of the 2016 election to make sure they were correct! [Audio link to show is posted below.]

But, first, we open with an avalanche of important news headlines breaking today and over the weekend, including the deadly Easter bombings in Sri Lanka; A TV comedian becoming the next President of Ukraine by a landslide; Trump's latest vow to impose sanctions on allies who purchase oil from Iran; Woefully unqualified Federal Reserve Board candidate and alleged sexual harasser Herman Cain withdrawing his name from Trump's consideration; The GOP's stolen Supreme Court announcing plans to take up cases to determine whether LGBTQ people may be covered by anti-discrimination civil rights employment laws this Fall; and Massachusetts Congressman Seth Moulton jumping into the crowded Democratic Presidential nomination contest.

Then we move to our all too brief commemoration of Earth Day's 49th Anniversary on Monday, wherein our own Desi Doyen details how and why the annual celebration first came about beginning in 1970. Of course, as we like to say on our Green News Report, every day is Earth Day for us! Nonetheless, sticking with that theme today --- for those who only notice it once a year --- we share "A Message from the Future from Alexandria Ocasio-Cortez" in which the freshman NY Democratic Congresswoman, from a couple of decades in the future, looks "back" on the world-changing successes of her Green New Deal program, as recently introduced with veteran Sen. Ed Markey (D-MA). The charming animated video, with illustrations by Molly Crabtree, is a thought experiment of sorts worth watching and/or listening to, as it helps explain how the GND would work to curb many of the worst effects of climate change, while providing millions of jobs and healthcare for all, as climate scientists have repeatedly warned the world must do within the next decade or face unstoppable consequences that threaten the entirety of human civilization.

Then, we move on to the revelation from the redacted Mueller Report [PDF] which has caused my Twitter feed to go somewhat bonkers since I cited it over the weekend. As the Special Counsel's report reveals (Vol. 1, pages 51-52, in the section entitled "Intrusions Targeting the Administration of U.S. Elections"), Russian intelligence operatives at the GRU targeted and infiltrated "individuals and entities involved in the administration of the [2016] elections. U.S. state and local entities, such as state boards of elections, secretaries of state, and county governments, as well as individuals who worked for those entities. The GRU also targeted private technology firms responsible for manufacturing and administering election-related software and hardware, such as voter registration software and electronic polling stations."

In other words, voter registration databases AND voting systems, such as voting machines and tabulators. Mueller's report goes on to concede that though the GRU was successful in implanting malware on a number of the targeted computers, "the [Special Counsel's] Office did not investigate further [and] did not, for instance, obtain or examine servers or other relevant items belonging to these victims." Instead, as Mueller writes, "The Office understands that the FBI, the U.S. Department of Homeland Security, and the states have separately investigated that activity".

Only problem with that? As we have reported repeatedly over the past two years, Jeanette Manfra, the top DHS official in charge of overseeing cyber-intrusions of critical infrastructure such as voting and tabulation systems, conceded during a June 2017 Senate Intelligence Committee hearing to Sen. Ron Wyden (D-OR) that her department had not, in fact, conducted any forensic analyses of computer voting and tabulation systems or servers following the 2016 Presidential election. We play a clip from her Senate testimony to that end.

As far as we can tell, this means that nobody has ever conducted such an analysis, despite the stunning results of the 2016 Presidential election. That remains very troubling, considering that Trump reportedly won, very narrowly, by less than 80,000 votes total in the key swing-states of Michigan, Wisconsin and Pennsylvania, none of which had voted GOP in a Presidential election for decades until 2016. The margins --- as reported by computers, but never verified by humans --- were close enough in each of those states that, had an average of just two votes in each precinct in each of those states been recorded for Hillary Clinton instead of Donald Trump, she, not he, would be President now.

Moreover, as the Mueller Report also documents, Trump's then Campaign Chairman Paul Manafort offered briefings and internal polling data to his business associate Konstanin Klimnik, a Ukrainian national tied to Russian intelligence, "on the state of the Trump Campaign and Manafort's plan to win the election," including what Manafort's partner Rick Gates described to the Special Counsel as "discussion of 'battleground' states, which Manafort identified as Michigan, Wisconsin, Pennsylvania, and Minnesota."

So, at this point, that means nobody still knows whether Donald Trump was actually the legitimate choice of the voters who comprise the Electoral College. (We already know he lost the popular vote by some 3 million votes.) Most of those very same computer systems will be used once again in the 2020 Presidential election, though some --- for example in Philadelphia, the entire state of Georgia, Los Angeles County and elsewhere --- are being replaced with newer systems that are even more difficult for the public to oversee to ensure reported results reflect actual voter intent.

And, with all of that today, we open up the phone lines to listeners for thoughts on whether --- given the findings of the Mueller Report, including Trump's well-documented and repeated attempts to unlawfully obstruct the investigation itself --- Democrats in Congress should begin impeachment hearings or not. So far, Democrats are somewhat split on the issue, with a number of freshmen in the House calling for impeachment proceedings to begin and, so far, only Sen. Elizabeth Warren (D-MA) among the current Presidential candidates offering a clarion call for members of Congress to meet their Constitutional duties by officially investigating Trump's alleged high crimes and misdemeanors via an impeachment inquiry in the U.S. House and a vote on whether to convict and remove Trump from office in the U.S. Senate. Our callers offer somewhat mixed feelings as well, as you'll hear on today's very busy and fast-moving BradCast!...

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Guest: ACLU's Phil Aroneanu; Also: Nielsen out at DHS, as Trump's far-right agency purge rolls out amid immigration crisis; Callers ring in...
By Brad Friedman on 4/8/2019 6:19pm PT  

On today's BradCast: Two tracks, plus callers, as the Right ascends at the White House and the ACLU's fight to restore civil and Constitutional rights finds its way into the 2020 President campaign. [Audio link to show is posted below.]

The hardliners are rising at the White House today, as Trump continues to purge top officials from several different key agencies, including the sprawling Dept. of Homeland Security (Sec. Kirstjen Nielsen was forced to resign on Sunday); Immigration and Customs Enforcement (Ron Vitiello, Trump's nominee to head the agency was suddenly withdrawn last week after already clearing a key Senate hurdle); U.S. Citizenship and Immigration Services (both its Director and General Counsel were purged today); the Secret Service (its Director Randolph "Tex" Alles is now said to be leaving); and the bloodbath is continuing at other agencies as well. All of that as the number of families seeking asylum at the southern border continues to increase despite --- or, perhaps, because of --- a number of failed Trump Administration policies.

Moreover, on Monday, the foreign policy hardliners at the White House are ascendant at well, as the Administration is announcing its designation of Iran's Islamic Revolutionary Guard Corps as a foreign terrorist organization. It's the first time the U.S. has designated a foreign government entity in such a way, and the move is reportedly opposed by top Pentagon and CIA officials who fear blow-back to American troops and intelligence operatives abroad. Indeed, Iran has already responded by calling for U.S. Central Command, which oversees operations in the Middle East, to be designated as a terrorist organization in response.

Amidst this latest disturbing lurch to the hard-right by the Trump Administration, some of us continue to look forward to 2020 when voters can, hopefully, do something about it. To that end, for the first time in its storied history, the American Civil Liberties Union (ACLU) is jumping into electoral politics in a major way this year, recently announcing they are spending $30 million to help get 2020 candidates on the record when it comes to a number of important issues for civil libertarians, including some that are quite thorny politically.

For example, the group's new national RightsForAll.us campaign seeks to force candidate to answer as to whether or not they support decreasing the bloated U.S. prison population by 50 percent (and, if so, how); allowing the incarcerated to vote (currently, only Maine and Vermont do so); and whether they would supporting overturning the Hyde Amendment (which bars the use of federal funds for abortion, other than in cases of rape, incest or protection of the life of the mother).

We're joined today by the ACLU's Digital Organizing Strategy Director PHIL ARONEANU to discuss the initiative, including whether some of the "thorniest" questions for candidates (as available at the campaign's website) on Voting Rights, Criminal Justice Reform, Immigrants' Rights and Reproductive Freedom might, in fact, become a liability for those candidates if they answer them one way or another. That, in an age when one of the greatest threats to civil liberties and Constitutional rights clearly continues to be the man in the White House, who Democratic candidates will have to defeat to see any possibility of the restoration of such rights.

So, how does the ACLU, a non-partisan organization, respond to some of those questions and concerns? Tune in for my conversation with Aroneanu today to find out.

Then, we open up the phone lines today for listener thoughts on all of the above. You'll not be shocked to learn, they have many...

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Guest: Meteorologist Guy Walton on the polar vortex and the 'sinking fossil-fuel Titanic'; Also: Trump's own intel chiefs say he's wrong...about pretty much everything; And a new, game-changing e-cig study...
By Brad Friedman on 1/30/2019 6:42pm PT  

On today's BradCast: Baby, it's COLD outside in much of the Midwest and Northeast. Record cold, in fact, with wind chills dipping near an unfathomable 60 degrees below zero in some parts of the country, as discussed with --- and explained by --- our guest today. [Audio link to full show posted below.]

But, first up: Donald Trump's own top intelligence chiefs --- the FBI and CIA Directors as well as his Director of National Intelligence and others --- all directly contradicted the Commander-in-Chief on matters of foreign affairs this week, from the nuclear threat posed by North Korea, to the continuing threat from ISIS in Syria and Iraq, to the cybersecurity threat to elections posted by China and Russia, and to the lack of nuclear threat from Iran or at the U.S.-Mexico border.

Testifying before the U.S. Senate Intelligence Committee on Tuesday, the intel heads --- appointed by Trump himself (not so-called "Deep State Obama Democrats") --- expanded on their newly published annual "Worldwide Threat Assessment" [PDF]. As it turns out, neither the new report nor the officials themselves cite border concerns as any sort of danger to the nation, despite Trump's persistent and unsupported claims to the contrary and his threat to declare a "National Emergency" if he's not given $5.7 billion for his southern border wall before the Continuing Resolution for government funding runs out, once again, on February 15. Today, in response, Trump mocked his own intel staff as "naive".

The testimony from Trump's own intel chiefs is likely to be used against the President in court, should he declare that "emergency", according to U.S. House Intel Committee chair Adam Schiff (D-CA). But, as Democratic Committee member Rep. Jackie Speier (D-CA), points out, House Republicans have yet to actually appoint their members to either that Committee or three others (on Climate Change, Ethics or House Administration, which handles election challenges, such as the one in North Carolina's 9th Congressional District, where the House seat is still empty due to a GOP absentee ballot election fraud scandal.) Those committees may not proceed with virtually any business until House Republicans appoint their members and end the purposeful slow-walking.

After that warm up, it's on to the sub-freezing temps that have kept even the U.S. Post Office from completing their appointed rounds in a number of states. Of course, the big chill has led the Fox "News" clowns and climate change Denier-in-Chief to have a grand old time avoiding the actual scientific explanation for the bone-numbing depression in the Polar Vortex which, yes, is tied to global warming.

We're joined today by "Climate Guy" GUY WALTON, a 30-year Weather Channel veteran meteorologist, for some actual science on what's going on. Walton pens a daily "Extreme Temperature Diary" and is co-author, with Nick Walker, of the new (joyfully snarky) children's book and climate primer World of Thermo: Thermometer Rising.

Walton explains why and how global weather patterns have changed in recent years to bring bitter cold snaps like the one experienced this week in parts of the U.S., even as the rest of the globe --- like Australia, where temps have neared 120 degrees Fahrenheit and touched off record bush fires in recent days --- continues to suffer from record heat, thanks to anthropomorphic Global Warming. This "Age of Weather Extremes" is precisely in line with what climate scientists have long predicted.

"Right now, as far as global warming goes, we're having a lot of warmth from the sub-tropics moving northward over the polar areas, where, prior to, say, the 1970s, we hadn't been seeing that as much," he tells me. "What we had in the past, when we had Arctic outbreaks in the 70s and 80s, we had a larger, colder Polar Vortex encompassing the Northern Hemisphere. Now we have a warmer Polar Vortex which is not quite as large, and it's having a tendency to pinch off pieces...when they do pinch off, they're quite cold, and you can get cold air, colder than what you have right now at the North Pole, sitting right over say, Chicago or Detroit."

As to Trump's recent tweet making light of "Global Waming [sic]" amidst the Arctic blast, Walton argues: "A lot of this is out of greed, and to perhaps make more money through the fossil fuel industry. And to some extent, it's just denial, in that they know deep down the Titanic is sinking, they're just not wanting to admit that the ship's going to go under the water, so to speak."

Finally, some encouraging news today from the world of science, which we could have told you about (and, in fact, did!) years ago. A new "seminal study" finds that e-cigs or vaping is more than twice as likely to lead smokers to kick the habit than the use of Big Pharma-approved nicotine delivery systems such as patches and gums. While that may be bad news for Big Pharma's billion dollar nicotine industry, it's good news for the world which sees more than 6 million die annually thanks to tobacco, including nearly half a million alone here in the U.S. Now, if someone would just inform the Democrats in Congress and around the U.S. who are working to make it harder, not easier, for people to quit smoking and dying by moving to vaping, it would be VERY much appreciated...

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Guest: Slate's Mark Joseph Stern; Also: Surprisingly good news from the courts; SOTU cancelled?; ISIS not defeated...
By Brad Friedman on 1/16/2019 6:42pm PT  

We start off today's BradCast with two encouraging legal rulings from the courts with our guest today, Slate legal reporter MARK JOSEPH STERN. [Audio link to complete show follows below.]

First up, the damning opinion issued on Tuesday by a U.S. District Court judge in Manhattan finding Treasury Secretary Wilbur Ross repeatedly violated the law --- and lied about his reasons for doing so --- in adding a controversial question on citizenship to the 2020 U.S. Census. Stern joins the federal judge in calling out Ross' lies about adding the question supposedly at the request of the the Dept. of Justice to help enforce the Voting Rights Act (rather than as a blatant attempt to rig the Census in hopes of boosting GOP political power during the next round of redistricting).

"By my count, Judge Furman held that Commerce Secretary Wilbur Ross violated the law by adding the citizenship question in at least six different ways," Stern observes. "When you add them all together, it is a sort of symphony of lawlessness that cannot be ignored by the courts."

"Ross just lied. He lied to Congress. He lied in court filings about why he added this citizenship question. It is very clear, black letter law, that when a federal agency like the Commerce Department wants to take some kind of formal action, it has to give the real and truthful grounds for its decision, it has to justify it truthfully. Ross just didn't do that here." He goes on to explain, however, that, despite the encouraging ruling yesterday, the Republicans' stolen Supreme Court will ultimately enjoy the final say on the matter. He also shares his thoughts on whether Ross should be and/or will be criminally prosecuted for lying to Congress and the courts about the issue, as made clear by the federal court ruling.

Then, Stern offers some surprisingly good news from SCOTUS today regarding a unanimous(!) opinion from the Court supporting the right of some workers to bypass costly arbitration clauses and file class action lawsuits against employers when they are ripped off by them --- though only in certain circumstances. Still, given the unanimous opinion in this case, authored by Neil Gorsuch of all Justices, we'll take it!

Next, we review Tuesday's confirmation hearing in the U.S. Senate Judiciary Committee for Donald Trump's Attorney General nominee William Barr. Stern warns that his troubling record alone --- "Barr takes a wildly expansive view of executive power and authority" --- might have been enough to derail his nomination in any other time, but for the fact that so many Democrats and Republicans alike are now desperate to replace Trump's wildly unqualified (and, arguably, unlawfully appointed) Acting AG Matthew Whitaker.

Barr, who served briefly as AG in 1991 during the George H.W. Bush Administration (where he successfully pushed for Presidential pardons for a number of top officials involved in the Iran-Contra scandal), promised independence from the White House and that he would allow Special Counsel Robert Mueller to complete his probe into Team Trump's alleged involvement with Russia and obstruction meant to cover it up. However, Barr equivocated on a number of points related to the probe, such as whether he'd recuse himself from overseeing it if DoJ ethics officials advised him to do so, and whether he would release Mueller's report at all to the public.

Stern shares insight and response to a number of other troubling moments from Tuesday's hearings, such as when Barr responded to a question from Sen. Richard Blumenthal (D-CT) about whether a sitting President could be indicted and when he was asked directly by Sen. Amy Klobuchar (D-MN) about whether the Justice Department, under his command, would "jail reporters for doing their jobs". Barr's response on the former was questionable, at best, and downright chilling on the latter, from the man tapped to be the nation's top law enforcement official. "There's just a right and wrong answer here," Stern quips, "and he gave the wrong one."

Finally today, the State of the Union Address to a joint session of Congress previously scheduled for later this month may now be cancelled amid the ongoing historic federal government shutdown, as House Speaker Nancy Pelosi rescinded her invitation to Trump today. And, in Syria today, four Americans --- two U.S. troops and two civilians --- were killed and three others wounded after a bombing claimed by ISIS in a crowded area. The attack in the northern city of Manbij comes on the heels of Trump's claim to have ordered the withdraw of all U.S. troops in country, based on his assertion that "we have defeated ISIS in Syria." The President's claim --- which helped lead to the resignation of Defense Secretary James Mattis before Christmas --- was, remarkably, repeated by Vice President Mike Pence today during an address at the State Department several hours after the news of the deadly attack on Americans and others in the war torn nation had become public...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/9/2018 11:23am PT  


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IN TODAY'S RADIO REPORT: Trump's EPA is bringing asbestos back; California pushes back against Trump rollback of mileage and emission standards, as state shatters record for hottest month and hottest rainfall ever recorded; PLUS: Bad news and good in scary new "Hothouse Earth" global warming study... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Trump's minions are using California wildfires as excuse to attack endangered species protections; Air Pollution Denial Could Become EPA Policy; Puerto Rican Government Acknowledges Hurricane Death Toll of 1,427; California Groundwater Law Means Big Changes Above Ground, Too; Trump can keep legal reasons for shrinking monuments secret; Oil pipeline inspection industry ‘going wrong’ as surveys fail to prevent spills; Official: Pennsylvania ‘clearly behind’ in pollution goals; Flood Risk in U.S. West Could Triple if Climate Change Left Unchecked; Official: Pennsylvania ‘clearly behind’ in pollution goals... PLUS: Florida gutted water quality monitoring – as killer algae increased... and much, MUCH more! ...

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