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Latest Featured Reports | Saturday, April 21, 2018
Senate GOP Twists Law to Gut Decades-Old Regs (Forever): 'BradCast' 4/20/18
Guest: James Goodwin of CPR: Also: DNC files Trump/Russia suit; Wells Fargo fined $1B; Memos reveal Trump wants to jail journalists...
Senate Confirms Climate Science Denier as NASA Chief: 'BradCast' 4/19/18
...and many more otherworldly reminders of the importance of elections...
'Green News Report' 4/19/18
  w/ Brad & Desi
Puerto Rico power knocked out again; Studies find Gulf Stream slowing down; New climate lawsuits for oil industry, Florida; PLUS: Earth Day 2018 focused on ending plastic pollution...
Previous GNRs: 4/17/18 - 4/12/18 - Archives...
'Dark Lord of Coal Country' Rising, GOP Panicking Before WV U.S. Senate Primary: 'BradCast' 4/18/18
Guest: Bob Kincaid; Also: McConnell says no, Mattis got Trumped, Kobach in contempt...
'Corrupt Intent': 'BradCast' 4/17/18
Guest: Former Asst. US Attorney Randall Eliason on Trump, Cohen, Mueller, indicting a sitting Prez; Also: Tax cut support falls, GOPers keep heading for the exits...
'Green News Report' 4/17/18
Federal watchdogs say EPA violated law for Admin Scott Pruitt; Senate confirms coal industry lobbyist for deputy EPA chief; PLUS: Google and Apple go 100% renewable...
Trump's Unlawful, Evidence-Free 'Mission Accomplished': 'BradCast' 4/16/18
Congress acquiesces after second US attack on Syria; Hannity revealed as secret Cohen client; Callers ring in...
Sunday Toons: 'One Raid Begets Another'
It didn't take long after Donald Trump's friend, business associate and personal lawyer was raided by the FBI for Trump to unleashes the missiles, as the cartoonists observe in PDiddie's latest collection...
As Trump Goes Ugly, How Dems Can 'Fight Dirty' to Win for the Country: 'BradCast' 4/13/18
Guest: Author David Faris on radically reform-ing 'long-term barriers to progressive power'...
Mattis: U.S. Lacks 'Actual Evidence' of Syrian Chemical Attack: 'BradCast' 4/12/18
Also: Clueless Trump to rejoin TPP?; Sinclair's abuse of public airwaves; And, why local news matters...
'Green News Report' 4/12/18
Newly unearthed docs reveal Shell knew about warming since 1950s; Dems want Pruitt to resign; EPA docs under-mine his claims; PLUS: Obama EPA chief speaks out...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: WI journalist John Nichols; Also: More good election news in AK; MO Repubs move hand-marked paper ballot bill forward; PA opens door to more unverifiable voting; MLK's assassination, 50 years ago today...
By Brad Friedman on 4/4/2018 6:30pm PT  

On today's BradCast: It was a huge night in Wisconsin on Tuesday, as a progressive candidate for the state Supreme Court trounced a so-called 'conservative' who was backed by another full court press by state and national GOP groups. [Audio link to show follows below.]

It was the first such victory for a progressive vying for an open seat on the state's high court in almost 25 years. Or, as our guest today, author/journalist and Wisconsin's own JOHN NICHOLS describes it: "The first statewide race that really pitted left against right in this kind of way, in the country, in 2018. And the progressives won. And they didn't win by a little."

In fact, the reported results find that progressive Milwaukee County Circuit Court Judge Rebecca Dallet crushed Sauk County Judge and GOP attorney Michael Screnock, "literally a point-man for much of [Gov. Scott] Walker's agenda", says Nichols, by 12 points. Walker also saw his ballot proposition that would have done away with the statewide office of Treasurer --- allowing the executive office more control over billions in public education funds and tens of thousands of square miles of public lands --- defeated by an even larger margin.

For his part, Walker, who faces re-election this November, took to Twitter to warn again of a "#BlueWave" coming this November, a continuation of the "WAKE UP CALL" panic he first unleashed after a long-held Republican seat in the State Senate was lost to a Democrat in a special election in January. Nichols observes: "One of the most disciplined political figures in the United States, a guy who really, by any measure, keeps his calm through some of the toughest political fights you've seen, appears to be losing it. He appears to be freaked out by election results he can't control."

"I must say it's especially nice to be talking about something good happening in Wisconsin, rather than our many complex and sad stories," adds Nichols, describing last night's outcome as "the first genuinely good election night for Wisconsin progressives" in many years.

Nichols and I also discuss --- and, yes, debate --- the danger to democracy posed by partisan judicial elections like those in the Badger State and elsewhere across the country. And The Nation's Washington Correspondent and longtime Associate Editor of Madison, Wisconsin's Capital Times also rings in with his thoughts on whether U.S. House Speaker Paul Ryan (R-WI) could actually be unseated this November and/or whether he might drop out of the race all together.

Also today: Progressives in Alaska appear to have defeated a so-called "bathroom bill" referendum in Anchorage that would have gutted the city's anti-discrimination law for transgender people; GOP-backed legislation to replace 100% unverifiable touch-screen voting systems with HAND-MARKED paper ballots moves forward in Missouri's state legislature, despite shameful resistance from Democrats; And Pennsylvania begins to move away from 100% unverifiable touch-screen voting, but leaves the door wide open for unverifiable computer-marked paper ballots, using weasel words in its announcement for vendor bids, seeking systems that feature a "voter-verifiable paper ballot or voter-verifiable paper record of votes cast by the voter" (as opposed to systems featuring hand-marked voter-verifIED paper ballots.)

Finally, we pause to honor the memory of Dr. Martin Luther King, Jr., who was assassinated 50 years ago today --- while the fight for "what kind of nation we are and what direction we want to move in," as Bobby Kennedy asked on the night of King's death, still continues...

Download MP3 or listen to complete show online below...

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Guest: Election Integrity expert Marilyn Marks; Also: EPA scam revealed; Young voters oppose Trump bigly; 'Liberal lion' of 9th Circuit dies; Huge majorities support single-payer, 'Medicare-for-All' health insurance...
By Brad Friedman on 3/30/2018 6:17pm PT  

On today's BradCast: Great news for a change, with a big victory for voters in Georgia! [Audio link to show is posted below.]

After what seemed impossibly long odds just days ago, a bill that would have moved the state from 100% unverifiable touch-screen Direct Recording Electronic (DRE) voting devices to just-as-bad-if-not-worse 100% unverifiable computer-printed and barcoded "paper ballots", failed to pass in the state's General Assembly before the legislative session ended for the year on Thursday at midnight.

That, despite a powerful lobbying effort by the nation's largest private voting machine vendor, ES&S, which stood to make millions on the deceptive "paper ballot" scheme being pushed by elected officials --- including GA's Republican Sec. of State candidates State Rep. Buzz Brockway and State Sen. Josh McKoon --- in both chambers of the legislature.

In recent days, however, Election Integrity advocates on the ground in Atlanta and via social media have been rallying like crazy and mounting an extraordinarily impressive effort to inform the public in hopes of blocking this dangerous bill. The effort was focused on detailing the many dangers of unverifiable barcoded ballots as produced by the type of touch-screen Ballot Marking Device (BMD) computer voting systems that GA lawmakers were hoping to move to after 15 years of using easily-hacked, oft-failed DRE voting systems statewide.

We're joined again today, for a bit of a victory lap, by election integrity expert MARILYN MARKS who has been tirelessly fighting the bill and rallying the social media troops on Twitter, along with Jenny Cohn and others in recent days. (Cohn was on the show several weeks ago to discuss the GA bill and her must-read article documenting the many dangers of unverifiable BMD "paper ballot" voting systems.) Marks was also on the program just days ago, when overcoming the "incidious" vendors' last minute push for SB403 in the GA legislature seemed all but impossible.

"It is because of the hundreds of people that called, wrote, tweeted...just so much pushback from the citizens," that the effort to kill the bill was successful, she tells me today.

After citing the many who made Thursday's late night victory possible, Marks turns our attention to several continuing related battles. Among them, the lawsuit her organization, Coalition for Good Governance, filed months ago in hopes of ending GA's use of DREs in favor of a verifiable HAND-MARKED paper ballots. GA already uses such a system for absentee vote-by-mail balloting and, Marks argues, the same existing system could easily and inexpensively be expanded for use by all voters at the polling place before this fall's crucial mid-terms.

She also offers a warning for voters around the nation, where unverifiable computer-marked and barcoded paper ballot BMD schemes, like the ones being pushed in GA, are already being deceptively sold to the public as "paper ballot" systems by Republicans and Democrats alike. PLEASE NOTE: Paper ballots or "voter-marked" paper ballots are not enough. Demand nothing less than HAND-MARKED paper ballots as your state or county "upgrades" its system with the hundreds of millions of dollars that have just been allocated for this by Congress!

Marks tells me she's hopeful that the broad social media effort on SB430 has resulted in lessons that can be used around the country "when --- it's not an 'if', but 'when' --- the barcode balloting comes to them. And they better be watching carefully, because this money is about to start flowing from the federal government like now, literally now, and you know exactly what the vendors are going to do."

Also on today's show: A recently leaked memo reveals how Administrator Scott Pruitt's EPA is now instructing employees to use false talking points regarding the science of climate change in order to create doubt and confuse the public about the broad scientific consensus finding the human burning of fossil fuels as the main cause of global warming; A new AP survey of young voters finds huge majorities see Donald Trump as "racist", "dishonest" and "mentally unfit" for office; Judge Stephen Reinhardt, "liberal lion" on the U.S. 9th Circuit Court of Appeals, died suddenly on Thursday, after nearly 40 years on the court; And, finally, a new poll from the Kaiser Family Foundation finds some 75% of Americans now support a "Medicare-for-All" style, single-payer, national health care insurance program...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Election integrity expert Marilyn Marks; Also: Gun debate shifts dramatically as former SCOTUS Justice calls for 2nd Amendment repeal...
By Brad Friedman on 3/27/2018 6:14pm PT  

On today's BradCast: the Overton Window regarding gun safety reform may have just taken a dramatic lurch towards "the left". And, then, the heated battle to block a new 100% unverifiable computer voting system (disguised as a "paper ballot" system) from being implemented in Georgia reaches a climax, as this year's legislative session in the state nears its end. [Audio link to today's show is posted at end of article.]

First up today (well, after a disturbing story out of Atlanta that further underscores the madness of Georgia's proposed new voting system): Former U.S. Supreme Court Justice John Paul Stevens penned a stunning op-ed in the New York Times, lauding students for marching to demand gun safety legislation, but suggesting it's time for them to go much further by calling for a repeal of the 2nd Amendment to the U.S. Constitution itself.

The 97-year old retired Associate Justice (and lifelong Republican) explains why history and his years on the bench have led him to regard the 2nd Amendment as "a relic of the 18th century", and how the National Rifle Association (NRA) has, in recent decades --- as the conservative former U.S. Supreme Court Chief Justice Warren Burger declared in the early 90s --- perpetrated "one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."

Then, speaking of great frauds, the city of Atlanta finds itself using pencil and paper to carry out business again today in municipal courts, jails and other city agencies five days after a "ransomware" attack has crippled the city's use of its computer networks. Nonetheless, at the very same time, state lawmakers in Georgia are, incredibly enough, in last minute negotiations to adopt a measure to replace their statewide, easily-hacked, 100% unverifiable Diebold touch-screen computer voting systems.

Unfortunately, as legislators race the clock to pass a bill before the current legislative session ends on Thursday night, the current bill to replace those systems, SB-403, would institute a new 100% unverifiable computer-marked "paper ballot" system, which is now being opposed by both local and national election integrity advocates and organizations.

Longtime election integrity expert MARILYN MARKS, whose nonpartisan Coalition for Good Governance is suing the Peach State to force them to do away with their unverifiable Director Recording Electronic (DRE) voting machines, joins us to warn about the proposed new scheme to replace them with similarly unverifiable touch-screen Ballot Marking Devices (BMDs) and why she sees that as "going from bad to worse."

"People today at least understand that their system is unverifiable, unauditable, and really a lot of guesswork," she tells me. "Unfortunately, this new system that they are so determined to find a way to put in, kind of has the look, from a distance, of a paper system. But it really is just as unverifiable."

Marks explains that the new legislation introduces computer-printed ballots with barcodes on them, which cannot be read by humans. Deceptively, the paper ballots produced by the new touch-screen systems also include a summary of the voters' votes in human-readable form. But, it is the unreadable and impossible to verify barcodes --- rather than the human-readable voter selections --- which are used by the system's computer optical-scanners to tally results. "What can be embedded in those bar codes may be very different from the human-readable list that is printed out," she says.

Even if the barcodes weren't printed on the paper ballots, Marks explains, the computer-marked ballots would still be unacceptable and unverifiable as reflecting any voter's intent after polls close on Election Night, as Jennifer Cohn recently detailed in a must-read article at The BRAD BLOG. Marks offers action items for preventing the passage of the bill, for those both in and out of the state of Georgia (as summarized here in this Twitter Moment.)

This is important for folks in every state, since similar systems are already spreading nationwide and will assuredly do so even quicker if Georgia becomes the first in the nation to adopt them statewide --- just as they were the first to go to touch-screen Diebold DREs statewide back in 2002. "We don't want this insidious disease of these things --- as we call it, 'Son of DREs' --- going on to other states," Marks cautions. "The minute that Georgia accepts this, the vendors will be out in other states trying to do the same thing. Change the definition of the ballot to include barcodes, and pointing to Georgia as 'look the whole state of Georgia just said this was okay!'"

Similar systems are already being deployed in Texas, Tennessee, Los Angeles and elsewhere (though not yet in Missouri, where a Republican state legislator has, happily, just introduced a bill calling for DREs used in St. Louis and Kansas City to be replaced by real, HAND-MARKED paper ballot systems!)

Finally, Desi Doyen joins us today with the latest Green News Report, including some surprisingly good news from the massive omnibus spending bill just signed into law, begrudgingly, by Donald Trump...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Also: Dow plunges; Trump lead attorney quits; Massive funding bill approved; Walker ordered to call elections; PA lawmakers file impeachment against 4 state Supreme Court Justices; MUCH MORE...
By Brad Friedman on 3/22/2018 6:36pm PT  

Before Thursday's late bombshell news that Trump's National Security Advisor H.R. McMaster is being replaced by hard-right Fox "News" neo-con wingnut John Bolton, we covered a number of stories on today's --- at times maddening, sad, frightening (and occasionally humorous and encouraging) --- BradCast.

Among them...

  • The Dow plunges more than 700 points after Trump announces his trade war with China;
  • John Dowd, Trump's lead defense attorney responding to the Special Counsel probe, has had enough, quits, as hard-right Fox 'News' conspiracist/attorney Joe diGenova joins the team;
  • U.S. House approves massive last-minute $1.3 trillion spending bill to keep the government open before Friday's midnight deadline for a government shutdown, and so they can get out of town before student protesters show up on Saturday for the "March for Our Lives" gun safety rally;
  • Included in the massive, last-minute omnibus spending bill is hundreds of millions of dollars for cybersecurity "upgrades" to our nation's election systems. That funding comes on the heels of ill-considered new recommendations [PDF] from the U.S. Senate Intelligence Committee, meant to protect U.S. elections by increasing, rather than decreasing, the amount of cyber hardware and software used in elections, and instead of increasing the ability for public oversight of elections. (I have just a few words to say about all of that,as you might imagine, if you can hear them over the sound of my brain exploding. You might hear me mentioning hand-counted, hand-marked paper ballots once or twice, since election officials and members of Congress still seem to have trouble hearing that phrase, despite what happened in 2016, and after some 15+ years of folks like me trying to warn them about the very vulnerabilities they think they are now trying to correct. P.S. Russia isn't the only serious and ongoing threat to U.S. elections...by a long shot. But my brain is exploding now again. So just listen to the show.);
  • Wisconsin's Gov. Scott Walker is ordered by a judge (who he appointed) to immediately call special elections for two vacant state legislative seats. He's avoided doing that ever since a recent long-held Republican seat in the state Senate was lost to a Democrat in a January special election amid anti-Trump fervor;
  • Trump-loving Republican U.S. House candidate Rick Saccone finally concedes last week's special U.S. House election in Pennsylvania's very Republican 18th Congressional district to Democrat Connor Lamb, who appears to have defeated Saccone by about 750 votes out of more than 225,000 cast;
  • Republicans in the PA House of Representatives file articles of impeachment against four Democratic state Supreme Court Justices who mandated a new U.S. House district map before the 2018 mid-term elections, after finding the one drawn by Republicans in 2011 was an unlawful partisan gerrymander resulting in a 13 to 5 advantage in PA's U.S. House delegation over the last three elections (in an otherwise 50/50, slightly Dem-leaning swingstate);

Finally, just after the breaking news of McMaster out and Bolton in arrives...Desi Doyen joins us for the latest Green News Report, with some good news for the EPA, some disturbing news about bottled water, and some heartbreaking news for mankind...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Jennifer Cohn on the deceptive dangers of the move to computer-marked 'paper ballots'; Also: Callers ring on that, Kim/Trump, more...
By Brad Friedman on 3/12/2018 6:08pm PT  

On today's BradCast: The fight for Election Integrity is often one step forward and two steps back. Don't be fooled by what many are deceptively describing as a move to "paper ballots", when those "paper ballots" aren't really what they are being sold as. [Audio link to show follows below.]

First up today: A quick preview of the U.S. House Special Election in Pennsylvania's 18th Congressional District on Tuesday, where voters will, shamefully, once again cast their votes in the crucial race on 100% unverifiable touch-screen Direct Recording Electronic (DRE) voting systems.

At the same time, lawmakers in the state of Georgia, which has disastrously used similarly unverifiable DREs for the past 15 years, are moving a deceptively described "paper ballot" bill forward in the legislature. However, what those lawmakers are not making clear (and some may not even understand) is that the bill would fund new computer-marked paper ballot systems, known as Ballot Marking Devices (BMD)s, across the state. Such systems also require voters to use a touch-screen device to vote and, like DREs, also cannot be verified after an election as reflecting the intent of any voter.

Worse still, rather than use the human-readable information printed out by the computers onto the "paper ballot" at the end of the process, BMDs use optical scanners which tally results read from barcodes or QR codes printed on the ballot that are NOT human readable!

And, it's not only Republican-leaning Georgia that is quickly hoping to move to such unverifiable systems. So is the largest voting jurisdiction in the nation, Los Angeles County! Also, counties in Texas and Tennessee are already using them and other states are looking to purchase them as well. Indeed, many supposedly progressive organizations and Democrats are actually recommending them, without understanding the very real dangers of BMDs!

We're joined today by attorney-turned-journalist JENNIFER COHN to discuss her well-researched and documented concerns, as detailed by voting system and computer security experts, regarding the nation's dangerous and disturbing lurch towards what she describes as expensive "electric pencils", otherwise known as BMDs. Cohn explained those concerns in simple, layman's language in a recent post at The BRAD BLOG.

As we discuss on the show: No, "paper ballots" are not enough! We need HAND-MARKED paper ballots that are known to have been verified by the voters, if we are going to even have a chance of restoring publicly verifiable democratic elections in the U.S.

Cohn details both in her article and on today's show, a number of academic studies finding that most voters do not check computer printouts and summaries at the end of the voting process, and of the minority who do, some 60% or more don't even notice when the computer has flipped their vote!

PLEASE tune in for this important conversation, because Americans must begin to understand the dangers presenting by these deceptively described "paper ballots", which are coming to a voting jurisdiction near you!

Then, we open up the phone lines today to callers on that issue, as well as some of my thoughts from last Friday's show regarding the supposed face-to-face meeting between North Korean leader Kim Jong Un and even crazier U.S. leader Donald Trump, regarding the North's nuclear weapons program...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




As unverifiable touchscreen DREs are phased out of our nation's voting systems, unverifiable touchscreen BMDs ('Son of DREs') are on the way...
By Jennifer Cohn on 3/12/2018 9:45am PT  

[An earlier version of this article was originally published by Jennifer Cohn at Medium. She joined me on The BradCast to discuss it. - BF]

A Ballot Marking Device ("BMD") is a touchscreen computer that generates a computer-marked paper ballot or printout, which is then tallied on a computerized optical scanner. (Those computer-marked ballots can also, in theory, be counted by hand, but generally are not, as most election officials rely on optical scanners instead.)

BMDs were initially designed for people who are unable to hand-mark paper ballots due to disability, old age, etc. But the state of Georgia and Los Angeles County, California are now at the forefront of an unfortunate new trend, which is to consider buying these expensive hackable "electronic pencils" for use by all voters at the polls, regardless of need.

The Georgia legislature is quickly working to adopt a bill to fund such new systems to replace their similarly 100% unverifiable, 15-year old Diebold touchscreen systems used across the entire state. L.A. County is in the late process of a years-long development program to deploy these systems in time for the 2020 Presidential election.

Should Georgia and Los Angeles proceed on their current course, it would introduce a second unnecessary and insecure computer system in the polling place above and beyond already insecure optical scanners, creating twice as many opportunities for electronic programming errors, paper jams, and hacking. For example, some BMD systems have already had problems with:

  • Vote flipping (when election integrity advocate and journalist Brad Friedman used such a device in Los Angeles in a 2008 election, the device flipped 4 out of 12 of his selections on the computer-marked paper ballot);
  • Inability to display all candidates on one screen (a problem reported by the state of Maryland, which had acquired such systems for all voters, but changed its mind even though the screen problem was eventually fixed); and
  • Vendor breach of certification requirements (as occurred with vendor Election Systems & Software, "ES&S", the nation's largest voting system vendor).

Meanwhile, two of the most popular BMD's --- the ES&S ExpressVote and the Dominion ImageCast --- produce bar-coded (or QR-coded) printouts, which cannot be read by human beings, in lieu of traditional, hand-marked paper ballots.

This is alarming, according to experts --- including some who describe BMDs as "Son of DREs" --- for a number reasons...

--- Click here for REST OF STORY!... ---




Star of CBS' 'Mom', Advisory Board Chair of Progressive Democrats of America joins us in studio for the hour!...
By Brad Friedman on 3/5/2018 6:23pm PT  

On today's BradCast, on the day following Sunday night's Academy Awards show, we're joined in studio at KPFK/Pacifica Radio for the hour by our friend MIMI KENNEDY, Advisory Board Chair of Progressive Democrats of America and star of the CBS sit-com Mom (which also stars last night's Best Supporting Actress winner Allison Janney). [Audio link to show follows below.]

We've got lots to discuss today with Kennedy, a longtime progressive activist and leader (that's her and me in the photo above, just after today's show), and we also open up the phone lines to callers as well.

Among the many issues and items we chat and/or bicker about today:

  • How Hollywood and its politics have changed very quickly over the past year or two in light of the #MeToo and #OscarsSoWhite movements;
  • Whether Democrats chances to retake the U.S. House this November are as good as many Dems seem to think;
  • Conservative Democrat Connor Lamb's chances of winning next week's U.S. House Special Election in the "Trump Country" of Pennsylvania's 18th Congressional district;
  • Big turnout in advance of Tuesday's first-in-the-nation 2018 primary elections in Texas;
  • Serious concerns about election integrity that still undermine democracy in 2018 (Mimi and PDA have been longtime champions for the cause!) and whether the solutions being offered by a number of states and large jurisdictions --- including a disturbing move to computer-printed and computer-counted paper ballots --- is a good idea, or if we'll be left with the same or worse lack of ability for the public to oversee election results that we already have in many places. (Among them, see the 100% unverifiable computerized touch-screen style voting systems used in much of Georgia, Texas, Pennsylvania, etc.);
  • And whether elected Democratic officials and 2020 Presidential hopefuls are finally understanding the importance of single-payer "Medicare for All" (or, as PDA has been advocating for years: "Healthcare not Warfare!").

Also on today's show: More tentatively encouraging news on the Korean Peninsula (at least until Trump screws it up again); Trump's artificial DACA deadline hits, endangering hundreds of thousands of young immigrant 'Dreamers'; Another senior Republican U.S. Senator, Thad Cochran of Mississippi, announces that he is resigning, as of next month.

All of that and a bunch of great callers ringing in on all of the above on today's BradCast!...

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What we can and must do to protect the 2018 elections...
By Jennifer Cohn on 2/19/2018 3:30pm PT  

[This article, constructed as a handout for concerned voters and election officials, was originally posted to Medium by Jennifer Cohn on 2/17/2018 and is cross-posted in full here with her permission. This article is also available for easier printing and sharing as a PDF here - BF]

Our elections are under attack. Intelligence officials concur that Russia plans to target the 2018 midterm elections.[1] One hundred experts in the fields of computer science and statistics have recommended paper ballots and post-election statistical audits to protect our democracy.[2] But some election officials have undermined efforts to implement these security measures with irresponsible and false assurances that it would be difficult for hackers to alter the outcome of a national election under our current system.[3]

This handout strives to break through this disinformation with sourced facts that expose the truth about our computerized voting systems. We hope that concerned citizens will use this handout as a tool to persuade decision-makers of the urgent need for paper ballots, robust post-election audits, and other security measures...

--- Click here for REST OF STORY!... ---




Guest: David Daley on the battle to overcome partisan gerrymandering; Also: Many now calling for 'paper ballots' still missing larger concerns...
By Brad Friedman on 2/13/2018 6:40pm PT  

On today's BradCast: Never mind Russia. Is it even possible for Democrats to overcome the systemic structural disadvantages Republicans have put in place in virtually every aspect of U.S. elections? We've got both encouraging and not-so-encouraging news in that regard on today's show. [Audio link to show posted below.]

Now that both the U.S. intelligence community and Democrats --- and even a few Republicans --- have finally begun to figure out that Election Integrity requires, at a bare minimum, a paper ballot for every vote cast, how long will it take them to figure out that those ballots need to be hand-marked (not computer-marked) and, preferably hand-counted, so that the American public can truly begin to restore confidence in election results and know that their votes actually matter? There is some --- precious little, but some --- encouraging news out of Pennsylvania today on that front, and even from the U.S. Senate Intelligence Committee.

The Governor in PA, a state which still hates its voters so much that it forces the vast majority of them to vote on 100% unverifiable touch-screen voting systems, has decreed that any new voting systems purchased to replace the old ones, must have some form of "paper trail" or "paper record" or "paper backup". That's a very low bar, but better --- for the most part --- than the current 100% unverifiable touch-screen systems used across the state. Yet, the Democratic Governor, Tom Wolf, has yet to propose any new funding to purchase those new systems. So, like PA votes, they remain vapor ware for the moment.

At the same time, Sen. Mark Warner of Virginia, Ranking Democrat on the U.S. Senate Intelligence Committee, seems to have noticed the cost of trying to secure elections (like "the Dutch elections, where they hand-counted all the ballots") versus the price of one single F-35. Hand-counts, like those carried out by the Dutch, is, in truth, a pretty inexpensive deterrent against foreign manipulation of our computer tabulation systems, if our elected officials were truly concerned about it. (It would also help to deter the much greater threat of domestic manipulation, by the way!)

But, even if we had a hand-marked paper ballot for every vote cast and even if we counted them all by hand, publicly at the precincts, before ballots were moved anywhere (as per Democracy's Gold Standard), Democrats would still have a mountain to overcome this year in the shape of the GOP's systemic partisan gerrymandering of state legislative districts and U.S. House seats.

To that end, we've got some similarly-qualified encouraging news out of Pennsylvania as well today, where the state Supreme Court recently ordered new U.S. House maps to be drawn in time for the upcoming May primary elections in the commonwealth, after finding the ones drawn by Republicans following the 2010 census were in violation of the state constitution's right to a fair vote. The battle over those new maps --- which have given the GOP a 13 to 5 advantage in U.S. House seats in the largely 50/50 state over the last three elections, where Dems outnumber Republicans --- is now moving forward on a very tight court-ordered deadline.

Meanwhile, similarly partisan gerrymandering by the GOP in Wisconsin, North Carolina, and many other swing-states continues, thanks in no small part to the U.S. Supreme Court delaying lower federal rulings that determined Republicans had unconstitutionally given themselves a steep enough advantage on district maps that they were able to retain huge majorities in state legislatures and the U.S. House, despite being consistently out-voted by Democrats.

We're joined today by FairVote gerrymandering expert DAVID DALEY, former Editor-in-Chief at Salon and author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy. We discuss the gerrymandered state of play as the 2018 primaries are now just weeks away in many states, and as the dam seems to be bursting in both state and federal courts --- finally! --- against partisan gerrymandering.

"The courts have been consistently outraged by what the Republicans pulled off in 2010, 2011," Daley says. "The problem is, here we are in 2018, we've been using these unconstitutional maps now this entire decade. There is no sense we're going to have new maps in most of these states, with the possible exception of Pennsylvania, in time for the 2018 election. We may well have the fourth of five elections in all of these states held on unconstitutional maps."

By way of one example, Daley notes: "In 2012, 52% of Pennsylvanian voters vote for Barack Obama, 51% of them vote for Democratic members of the U.S House. Republicans however, take 13 of the18 seats that year --- 71% of them! Democrats get 28% of the seats, even with more votes."

We also discuss the new documents he recently uncovered, published in a new Salon exclusive, detailing the fascinating story of how the Republicans' so-called REDMAP scheme to take over state legislatures and redistrict the nation with a wildly partisan advantage, first came about prior to the 2010 election and U.S. Census.

Among the questions we discuss: Is it even possible for Democrats to overcome that structural disadvantage in the 2018 mid-terms without the U.S. Supreme Court finding partisan gerrymandering to be unlawful? Are state court cases, like the one in PA, the answer instead? And can any of this be done in time for the 2020 elections, after which district maps will be redrawn once again by partisan majorities in state houses for another 10 years?

"There may be a blue wave [in 2018], but there is also a red firewall that stands ready to knock it down," Daley warns. "Democrats are probably going to need two seismic, historic waves in order to have a shot at fair maps in 2021. And it they can't pull that off, and if the courts don't come in and do something in the meantime, the maps that are drawn in 2021 are the ones we are going to live with until 2031."

Also today, in other related news: A second federal court, this time in New York, blocks Trump's attempt to reverse DACA, and one Republican candidate for the U.S. Senate must be a very bad choice...at least according to his own parents!...

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Guest: BRAD BLOG legal analyst Ernest A. Canning...
By Brad Friedman on 12/28/2017 5:41pm PT  

On today's BradCast, one last battle over democracy before 2017 comes to a close, and an early look forward to the battles --- and, perhaps, "democracy's revenge" --- that lie ahead in 2018. [Audio link to show follows below.]

In his last minute bid to prevent final certification of the first Democrat to be elected to the U.S. Senate in more than two decades, Alabama's Republican candidate Roy Moore filed an 80-page lawsuit [PDF] late Wednesday night alleging massive "voter fraud" and other somewhat confusing irregularities are to blame for his December 12 Special Election loss to the Democratic candidate Doug Jones.

A state court judge quickly dismissed Moore's complaint on Thursday morning and Jones was certified shortly thereafter as having defeated him by nearly 22,000 votes out of some 1.3 million cast. Jones will fill the seat vacated by Alabama's former Republican Senator turned Donald Trump's U.S. Attorney General Jeff Sessions shortly after the new year.

We're joined today by long-time BRAD BLOG legal analyst ERNEST A. CANNING who largely dismisses the allegations detailed in Moore's suit. Though, as we discuss, the GOP may have themselves to blame for making it difficult, if not impossible, for federal candidates in Alabama (and elsewhere) to ensure the accuracy of computer-reported vote tallies, even when they are based, as in AL, on hand-marked paper ballots scanned by computer systems but never verified for accuracy by human beings.

Moore's complaint, Canning adds, is also deficient when it comes to presenting any actual hard evidence of fraud by voters. The controversial Republican cites statistical analyses focusing on high turnout in a number of African-American districts said to contrast with Exit Poll data, and the affidavit of one poll worker who claims she saw more out-of-state IDs than usual used by voters even though that's perfectly lawful under the state's strict Photo ID voting restriction. Beyond that, no hard evidence is offered by the complaint to prove that any illegal votes were cast in the election, much less thousands of them.

Then, we discuss two of Canning's recent articles at The BRAD BLOG, both looking forward towards what he describes as the possibility of "democracy's revenge" in 2018. In one, he details why every single Republican U.S. House member from California could be in jeopardy of losing their seat in the "deep blue" state next year. In the other, he lays out what he describes as "Revolutionary Strategies to End GOP Rule in 2018" across the nation.

The CA attorney and 2016 Senior Adviser to Veterans for Bernie also discusses the need for "political maturity" among both progressive and establishment Democrats alike, in order to effectively take on the GOP following the 2016 election of Trump and his compliant Republicans in Congress who, he argues, have since revealed their true nature of legislating only for the benefit of the rich at the expense of the poor and middle class.

Desi Doyen then joins us for our final Green News Report of 2017, rounding up both the good and horrific news over the past year, including, despite Trump's best efforts, a number of very hopeful signs for the environment as we head into 2018. And, finally, we close with one last punch in the face at the intolerable and seemingly endless 2017, from comedian Lewis Black.

Angie Coiro guest-hosts for us on tomorrow's BradCast, and Desi and I will see you again after the New Year holiday! Until then, my thanks to those of you who have answered our call by stopping by BradBlog.com/Donate in support of our efforts to try and continue our work --- over your public airwaves --- as long as possible into the new year!

Peace!

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Guest: Jeet Heer of New Republic...
By Brad Friedman on 12/20/2017 6:13pm PT  

On today's BradCast: An all too remarkable reminder that every vote --- every single vote --- matters. Or should, with control of the Virginia's House of Delegates and, potentially, healthcare for hundreds of thousands now at stake amid a remarkable "recount" in the state. Also, now that the massive GOP tax bill has been passed, are Democrats still relying too much on potential findings of the Special Counsel and the possibility of impeachment in 2018? [Audio link to today's show follows below.]

Just after our show yesterday, the Commonwealth of Virginia completed a partial-machine, partial-hand "recount" of one of last month's House of Delegates races that, by one single vote, appeared last night to hand the victory to the Democratic candidate Shelly Simonds. One single vote. If Democrats pick up that seat, it would, in turn, end decades of Republican-majority control of the House, with a 50/50 seat split among Ds and Rs. Before the November 7 election, Republicans held a 66-34 seat advantage.

It appeared, as of last night, to be a done deal, with the Dem having been declared the winner after the "recount" by one vote on the state's hand-marked paper ballots and the Republicans having conceded the race. (Virginia finally got rid of all of its 100% unverifiable touch-screen systems this after.) The bi-partisan election official judges signed off on Tuesday's new tally, handing the victory to Simonds over Republican David Yancey who had led by just 10 votes prior to the "recount".

But on Wednesday morning, a GOP election official judge had second thoughts about one ballot which, previously, the judges had unanimously determined to be an overvote --- with a selection in the bubbles for both the Democrat Simonds and for the incumbent Republican Yancey. The Simonds bubble, however, appears to have a slash through it. The rest of the selections on the ballot were for Republicans, though the choice for the Republican candidate for Governor also appears to have a cross through it, with no other candidate selected by the voter in that race. (The full ballot in question can be viewed here [JPG].)

So, after a two hour court hearing on Wednesday, it was decided by a three-judge panel that the race was/is a tie instead, with 11,608 votes for each candidate. That means control of the VA House --- and the increased possibility of health care coverage via Medicaid expansion for nearly half a million Virginians --- will be left up to a random draw to see who wins the seat.

There are, of course, still many questions about this story, which was still breaking as we went to air today. The "losing" candidate after the random draw will also be able to ask for a second "recount". We discuss all of those questions, the ballot, the "recount" methods used in the state, the state's published guidelines [PDF] for counting various types of questionably hand-marked paper ballots in VA, and much more related to this remarkable episode, including whether digitally scanned "Ballot Images" from Election Night may exist to determine whether the cross-out on the ballot in question was there originally or added somehow during the post-Election Night chain of custody. (The city of Newport News, where this election in the 94th District was held, does appear to have the type of computer-scanners that create digital ballot images, though I've yet to hear back from the Registrar if those systems were set to retain the images after scanning them.)

It should also be noted here that Democrats received some 53% of the vote, compared to just 43% for Republicans across the state when the entire House was up for grabs in November. Nonetheless, as things currently stand, Democrats may only achieve a 50/50 split in the House. That should offer an idea of how badly the Republicans have gerrymandered the state.

Also, a separate recount for a separate very close VA House of Delegates race is still pending, though Democrats there are suing for a completely new election, since at least 100 voters were given the wrong ballot in a race currently decided for the Republican incumbent --- before the "recount" --- by just 82 votes.

Then, we're joined today by JEET HEER, Senior Editor at New Republic to discuss the final passage of the GOP's massive tax cuts, largely for the wealthy, how Democrats are responding to them, and whether or not they are over-relying on the possibility of impeachment to take down President Trump as they head into the 2018 mid-term election year. Heer argued as much in a recent article discussing "the Democrats' dangerous obsession with impeachment". It's a highly debatable subject, about which I am of at least two minds, as discussed in detail with Heer on today's show.

Finally, we close with Bernie Sanders' late-night response to the passage of the $1.5 trillion tax bill in the middle of the night on Tuesday night/Wednesday morning in the U.S. Senate, and how the GOP is now planning to come for Medicare, Medicaid and Social Security in order to pay for it...

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Guest: Election integrity advocate Lulu Friesdat; Also: One deadly disaster after another, the 'Corker Kickback', calls for Franken to un-resign...
By Brad Friedman on 12/18/2017 6:44pm PT  

On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]

But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be off...by as much as 1,000!

All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.

Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.

Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.

In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.

Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."

Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."

As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."

It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.

"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.

Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...

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Guest: Election recount expert Chris Sautter of American Univ.
By Brad Friedman on 12/13/2017 5:57pm PT  

On today's BradCast: It was an all too rare moment of good news, of late, for Democrats and, indeed, the nation on Tuesday, after what appears to have been a stunning upset by Democrat Doug Jones over Republican Roy Moore in Alabama's U.S. Senate Special Election. But Dems may not want to spend too much time celebrating. [Audio link to show is posted below.]

Following Jones' apparent stunning victory on Tuesday, his highly controversial opponent has so far refused to concede or reportedly even speak to Jones. At the same time, despite Republican Senate Majority Leader Mitch McConnell's demand in 2010, when Democrats controlled the U.S. Senate, to wait to hold a vote on the Affordable Care Act ('ObamaCare') until Republican Sen. Scott Brown could be seated after his special election in Massachusetts, the GOP appears to be barreling ahead with their plan to vote on their radical and wildly unpopular tax scheme in the coming days, before Jones can be seated. That, even after McConnell had held a seat on the U.S. Supreme Court open for almost a year, claiming that "the American people should have a voice" in who would be the next Supreme Court Justice during the 2016 Presidential election.

In the meantime, even after the voice of AL voters seems to have quite clearly said they want to be represented by a Democrat in the U.S. Senate, Moore suggested on Tuesday night that he may hold out for a "recount" of paper ballots processed by computer scanners across the state. AL's Sec. of State John Merrill told CNN Tuesday night that Moore has the right to do so, but election statutes in the state seem to say otherwise.

We're joined today by veteran recount expert, attorney, author and professor CHRIS SAUTTER of American University, to discuss all of this. Sautter, formerly an adviser to Barack Obama, Bernie Sanders and many other Democrats, worked on the recount efforts by Al Gore in Florida in 2000 and Al Franken in Minnesota in 2008, among many other such efforts going back decades.

"I've been doing recounts now since the 1984 [U.S.] House recount in Indiana that was ultimately decided by 4 votes --- still the closest House race in modern times," Sautter tells me. "One thing I've observed is that in the heart of the narrowly-defeated candidate lies the belief that he actually won or at least the hope that a recount will somehow salvage a victory. It's another way of describing denial in an election that is close, heartbreakingly close, for the loser."

Sautter was also part of the team supporting the multi-partisan lawsuit recently filed in Alabama in hopes of forcing the state to retain digital "ballot images" created by their paper ballot computer scanners. Those images, many election integrity advocates argue, can be useful for public oversight of results, particularly in states like Alabama which make it virtually impossible for citizens to oversee tabulation of paper ballots, and which simply rescan them through the same computers a second time in the rare event of a "recount".

As we have been reporting, the transparency advocates who filed that lawsuit appeared to have won it on Monday afternoon, but by Monday evening, in a ruling that Sautter describes as "extraordinary" the night before the Election, the Sec. of State was successful in convincing the state Supreme Court to allow counties to destroy those "ballot images" altogether.

Sautter offers insight, among other things, as to Moore's chances of success in a potential "recount" (and of being allowed to have one at all under state law); on the bizarre circumstances under which the AL Supremes reversed the lower court's "ballot images" ruling at the last minute without input from the plaintiffs; and how he and other election integrity advocates hope to take their fight for transparency nationwide in 2018.

Finally, while Jones' apparent victory on Tuesday may have been good news for Democrats, Alabama, the nation as a whole (and even the Republican Party), we explain why what happened on Tuesday actually serves as a startling reminder of just how rigged against Democrats the electoral system is as they prepare to head into next year's crucial mid-term elections...

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Also, guest David M. Rothschild on a new study finding real, not fake, news was the problem in the 2016 Presidential election...
By Brad Friedman on 12/12/2017 4:55pm PT  

On today's BradCast: A last minute ruling by the Alabama Supreme Court, without plaintiffs even present, will allow the state to destroy electronic "ballot images" created by the state's digital computer ballot scanners in Tuesday's special election. Also, was it the fake news or the real news that tipped last year's Presidential election? [Audio link to show follows below.]

In Alabama, computer tabulators determine the intent of voters (either correctly or incorrectly), as cast on hand-marked paper ballots from Tuesday's highly contentious U.S. Senate Special Election between Republican Roy Moore and Democrat Doug Jones. The state Supreme Court, in a late ruling on Monday, issued a stay [PDF] that effectively reversed a lower court order [PDF] on Monday. That order had required all digital scanners in the state to be set to retain all such images created by the system as ballots are scanned through it. The stay now means that only in the exceedingly rare event of a hand "recount" of paper ballots will the public be able to oversee elections results to determine if the computers got it right on Tuesday.

We've been covering this issue for some time. (My original interview last week with election integrity and transparency advocate John Brakey, who helped organize the AL lawsuit is here.) Yesterday, it looked like a win for Brakey and the multi-partisan plaintiffs who filed in court to demand the state's retention of all digital images for inspection by the public, as per federal law requiring all election materials be retained for 22 months. But late on Monday, Secretary of State John Merrill and Alabama's state Election Administrator Ed Packard argued their case [PDF] ex parte (in otherwords, alone, without the plaintiffs there or allowed to respond) and received a favorable ruling from Roy Moore's old colleagues on the court. (Moore was formerly a State Supreme Court Justice, until twice being removed for failing to follow federal court orders.)

I spoke with Brakey and attorney working on the case, Chris Sautter, earlier today, as well as other experts. I've got details on their comments, and from the court documents, on today's show. Essentially, the state argued that state election officials didn't have jurisdiction to order county election officials to turn on the software switch on the scanners to retain all ballot images, and that doing so at the last minute, as the Circuit Court ordered on Monday, would "cause confusion among elections officials and be disruptive to" the election on Tuesday. That, even though the Circuit Court judge found it wouldn't cost the state anything to do so and that failing to turn on the setting that retains the images would lead to irreparable harm to the plaintiffs. Sautter tells me the state did not make the case for last minute confusion during the lower court arguments.

I suspect we'll have much more on that and on other problems reported at the polls today, on tomorrow's BradCast, along with whatever results --- accurate or inaccurate (who knows?) --- that the computers may report by then.

Then, after a flurry of fake news over the weekend during the final run-up to Tuesday's U.S. Senate election in Alabama, we discuss an alarming new study analyzing the effect of both real and fake news during the run-up to last year's Presidential election. Was it so-called fake news and Russian Facebook ads that gave Donald Trump the edge to defeat Hillary Clinton last year? Or, was it a failure by the mainstream corporate media --- the "real news" --- to responsibly cover important issues that the electorate needed before casting their vote? DAVID M. ROTHSCHILD, co-author of the new study published by Columbia Journalism Review, joins us today to discuss their --- at times, remarkable --- findings.

I'd strongly urge you to read their full damning report --- particularly if you are of the mind that fake news and ads said to have come from Russia, turned this election --- because there are too many detailed and troubling findings in it for me to adequately summarize either here or during today's program.

But, to cite just one aspect of my conversation with Rothschild about the report's analysis of 150 front-page articles in the New York Times over the 69 days prior to last year's November election, he tells me: "150 stories. And of that, there were just 10 stories where they actually really touched on a specific policy initiative of either of the candidates, the ideal thing that you would want the 'paper of record' to be supplying to people. The vast majority of stories were miscellaneous campaign stories. Over 50% of them talked about the horse race. Very small percentages, 15% or less, actually talked anything about policy, with even smaller percentages actually talking about the policies themselves. It was all about the horse race, all about the scandals, not about the impact of the election itself on policy, which is ultimately why we have elections and ultimately defines the impact of these elections."

His study notes that in just six days right before the election, "The New York Times ran as many cover stories about Hillary Clinton’s emails as they did about all policy issues combined in the 69 days leading up to the election." That said, ironically enough, as Rothschild notes, even the MSM coverage of the purported scandals was terrible, misleading and inaccurate as well! They, and we, never seem to learn.

Finally today, Desi Doyen joins us for our latest Green New Report, as unprecedented winter wildfires continue to ravage Southern California and as the Trump Administration continues to ravage the environment...

Download MP3 or listen to complete show online below...

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Terror attacks in NY, KS, NM; Pentagon to allow transgender enlistment, despite Trump's ban; SoCal fire update; A big election integrity court win and deep dive into the mad state of Alabama's U.S. Senate election as voters head to the polls...
By Brad Friedman on 12/11/2017 5:58pm PT  

On today's BradCast, we take a deep dive into the insane state of play in the final days before voters finally head to the polls in Alabama for the U.S. Senate special election between the Republican, twice-removed-from-the-bench judge Roy Moore and Democratic former US Attorney Doug Jones.

But first, a few quick news items today, including an update on the still-out-of-control Southern California wildfires; The mostly-failed terror bombing by an alleged ISIS sympathizer in the subway near Times Square today; news in the case of three white rightwing "militiamen" on trial for an alleged scheme to bomb a community of Muslim Somali refugees in Kansas. Their motion seeks to get more Trump-supporters from elsewhere in the state on their terror trial jury; New details on the school shooting (by another white guy) in New Mexico last week that took three lives, including that of the shooter. Despite FBI investigators interviewing the man last year after he is said to have left online comments seeking information on weapons to use in a mass shooting, he was able to legally purchase a semi-automatic pistol and high-capacity magazines last month anyway.

And then it's onto our deep dive into "deep red" Alabama and the state of the important Moore/Jones U.S. Senate election before Election Day on Tuesday. Among the issues covered on that front today:

  • Election Integrity advocates obtained a big win on Monday morning, when receiving an order [PDF] from a state court requiring state election officials retain digital ballot images created by computer scanners tabulating the paper ballots used across much of the state. (My interview last week with John Brakey, the election integrity advocate who organized the court action, explaining why its necessary, is here.)
    UPDATE 12/12/2017: After a private ex parte motion (meaning, the opposition was not present) later in the day, by the defendants, AL's Sec. of State and State Election Director, the Alabama Supreme Court stayed the earlier Circuit Court ruling and set a hearing on the matter for later this month. That, effectively, means that ballot images will not be preserved after all. More on this remarkable late ruling on today's BradCast...
  • Some last minute news on the anti-gay, anti-Muslim Moore, who has been accused by 9 different women of inappropriate sexual contact with them when they were teenagers (including one who was 14-years old at the time), on his belief that Constitutional Amendments which came after the ten in the Bill of Rights --- including those that ended slavery and gave voting rights to African-Americans and woman --- somehow violated the intentions of the nation's Founders;
  • New polling from Fox "News" claiming to find the Democrat Jones up by 10 points over Moore on the eve of the election, and another new poll from Emerson finding Moore up over Jones by 9 points;
  • How the entire race will come down to turnout, particularly in the African-American community, and whether they are allowed to vote and to have their votes counted as cast, given the state's Photo ID voting restrictions and other practices which Republican state lawmakers have been caught admitting to having designed specifically to suppress black and Latino voting;
  • AL's senior Senator Richard Shelby, a fellow Republican, announces he could not vote for Moore, based on the allegations against him;
  • And, finally, a remarkable focus group led by Republican pollster Frank Luntz for VICE News with so-called "conservative" Alabamians explaining why they plan to vote for Moore despite the allegations by nine different women against him...

Buckle up!...

Download MP3 or listen to complete show online below...

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