Deluge in Dubai; Climate impacts to cost trillions per year; New lightbulb efficiency standards; PLUS: Biden Admin cracks down on toxic silica dust to protect workers' lungs...
Record ocean heat bleaching corals worldwide; EV charging roads in Indiana; Biden raising drilling, mining royalties for first time in a century; PLUS: A marine mystery in Florida...
10th hottest month ever in a row; Swiss climate inaction violates human rights; PLUS: EPA crack down on airborne chemical plant pollution, 'forever chemicals' in drinking water...
A CA three-way!; Polls shift toward Biden; RW scam artists pay the price; Trump rejected again in NY criminal case, facing trouble for phony $175M bond in NY civil case...
Big hurricane season coming; Colorado River used mostly for cattle; Good news for CA snowpack, for now; PLUS: Disney's Tomorrowland says goodbye to Yesterdayville...
No Labels out; Soft sentence for vote fraudster; WI reconsiders drop-boxes; NE nixes Elctrl College change; Biden v. Israel; Sanders, Biden tout drug price success...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...
On today's BradCast, it was a trip through the week in wingnuttery, as we catch up with a number of stories we've been following of late, including (but not limited to):
• America's dumbest Governor, Paul LePage (R-ME), is apparently also America's most racist;
• President Obama's exceedingly modest and popular executive actions on gun safety freak out the NRA and the stooges who follow them;
• Native Americans in Oregon speak out against the out-of-state militiamen who've taken over a federal facility on their tribal lands;
• The Chief Justice of Alabama's Supreme Court, Roy S. Moore, reignites confusion over same-sex marriage in the state;
• And, Wheaton College shames itself still further by attempting to terminate a tenured professor because she believes Muslims and Christians "worship the same god".
As I said: A week of wingnuttery. (And some well-deserved righteous rants in response.) Enjoy!
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Veteran FBI Special Agent on the program that remains a far greater threat to the U.S. than Syrian refugees; How we're 'making it harder to find terrorists'; And how 'there is no way to bomb your way to peace'...
Today on The BradCast: How the NRA and GOP are working together to make sure guns remain freely available to terrorists and how the Visa Waiver Program (VWP) poses a far greater threat to national security than Syrian refugees hoping to escape war and terror by resettling in the U.S.
First up today, as the FBI announces the San Bernardino massacre will be investigated "as an act of terror", the Republican Congress continues to do the NRA's terror-loving business by refusing to tighten up gaping holes in our gun safety laws, allowing even those on the Terror Watch List to buy weapons, often even without a background check. We detail how al-Qaeda itself has, for years, been calling on jihadists --- very specifically --- to exploit these loopholes in the U.S. and how the GOP and NRA fight to assure that they can.
Before we get into details, Rowley recounts how her FBI field office in Minnesota had attempted to warn intelligence officials in D.C. about Zacarias Moussaoui's pre-9/11 flight lessons and how then CIA Director George Tenet later admitted receiving those warnings but failed to take action (before being given the Congressional Medal of Freedom by George W. Bush.)
Rowley then goes on to explain how the VWP, which allows millions of foreigners into the U.S. with minimal scrutiny, presents a far easier way for potential terrorists to threaten the U.S. without the much more rigorous scrutiny --- including nearly two years of personal interviews and bio-metric cross-checking --- than Syrian refugees must contend with.
She tells me how the over-collection of data actually makes it harder for intelligence officials to track information that matters. "The problem now is there's a glut of info, almost all non-relevant, and they can't make sense of it," says Rowley. "After 9/11 they thought, 'Collect it all! Turn on massive warrantless monitoring. Collect all this meta-data showing everybody's contacts.' But if you collect everything, you know nothing. It's making the job harder. If we add hay to the haystack, we're making it harder to find the terrorists."
Rowley also notes how even those here via the VWP are allowed to purchase assault weapons, thanks to lack of Congressional action. "Not only can they come in, but they are free then to buy guns," she tells me. "Obama cannot stop that without Congressional legislation, and then he runs into the NRA and all the people that are for more free gun sales."
"Why in the heck would it not be common sense to at least limit gun sales to people who are only supposed to be here, by the way, for 90 days? Would it be that important that they have to go pheasant hunting in South Dakota in those 90 days that they have to buy their own gun? They couldn't borrow one?"
Finally, during our in-depth (must-listen, in my opinion) interview, Rowley speaks to what should be done about the threat of ISIS. "We're creating more people who hate and more potential attackers than we can possibly kill," she warns. "And it's not just Islamic extremism. We're also seeing the same thing with the domestic terrorists who watch American Sniper and this culture that emphasizes that getting a gun and shooting people is the answer to your problems."
"There is a connection here, because we are inspiring. It's the same connection of inspiring people by killing them," Rowley argues. "There is no way to bomb your way to peace. Increasing the size and the scope of the war zone, as the United States has done --- from one or two countries now to half a dozen countries to the entire Middle East and now stretching even into Ukraine and elsewhere in revamping up the Cold War --- this is a recipe for complete disaster."
"If we're creating more could-be would-be terrorists, we have got to find a way to reduce that number. And I think the only answer is to say war is not the answer. War is hurting us. It's creating this."
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On today's BradCast: Examining yet another enduring NRA myth in the wake of the Oregon massacre at Umpqua Community College; the GOP race for U.S. House Speaker could get very interesting; and more.
The Nation'sJoshua Holland joins us to discuss his article this week: "Combat Vets Destroy the NRA's Heroic Gunslinger Fantasy", investigating whether there are any facts to back up the NRA and its scam artist Vice President Wayne LaPierre's long contention that "the only thing that stops a bad guy with a gun is a good guy with a gun."
You'll be shocked to learn that (unlike the liar LaPierre) folks who actually fire guns --- and have had them fired at them in combat --- have a very different opinion about the best way to stop that "bad guy with a gun."
"Wayne La Pierre has been a lobbyist for his entire career, and has no concept of what it really means when people start shooting at you," Holland tells me. The folks he talked to, he said, "did know that." In fact, as study after study confirm, he explains, guns often serve only to make bad situations much much worse.
I don't want to to share more of the conversation, for now, because I'd prefer you give it a listen in full --- gun fans and foes alike. (Click to listen to the full show below.)
Also on today's program: the Congressman who, in 1996, sponsored legislation that blocked the CDC from collecting statistics on gun deaths and public health now has regrets; How John Boehner could find himself remaining as Speaker of the House, even after the date he plans to resign; Desi Doyen with our latest Green News Report on the historic, global warming-fueled flooding in SC and new EPA regulations to help curb ozone and pesticides...
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Today, for a change, we're happy to offer you a (virtually) Trump-free BradCast! You're welcome!
First, a quick update on a conversation we had last week with FBI Special Agent turned 9/11 whistleblower turned TIME Magazine's 2002 "Person of the Year", Coleen Rowley. We had her on to speak about the difference between terrorism and hate crimes, as defined by the federal government, and as randomly applied after the (apparently non-terroristic) race-based hate crime shootings in Charleston, SC versus the shootings at U.S. Marine facilities in Chattanooga, TN last week. The latter which is being investigated as "terrorism". (My full conversation with Rowley from last week is here.)
During the discussion, Rowley noted how the difference between "terrorism" and "hate crimes" seems to be "clear as mud" to FBI and federal prosecutors, with "terrorism" charges now "uniquely set for Muslims or for Arab nations". But she also mentioned how terror charges are also applied to animal rights activists, specifically mentioning "mink farms". While we didn't have time to discuss that aspect last week, the very next day, news broke about the arrest of animal righs activists who'd released thousands of mink across the country. The crimes they are charged with, according to AP, "terrorizing the fur industry...under a conspiracy to violate the Animal Enterprise Terrorism Act."
Next, we're joined by Dr. Michael E. Mann, climate scientist, Distinguished Professor of Meteorology and Director of the Earth System Science Center at Penn State University, creator of the infamous "Hockey Stick" graph, and author of more than 160 peer-reviewed publications, as well as the book The Hockey Stick and the Climate Wars: Dispatches from the Front Lines to discuss last week's "bombshell" new study from NASA's former chief scientist Dr. James Hansen, warning that sea level rise of 10 feet or more is likely to happen much sooner than scientists previously expected. It could happen even as early as 2050.
Mann tells me Hansen's disturbing study suggests that "climate change is proceeding faster, and it's larger in magnitude than what the IPCC [UN's Intergovernmental Panel on Climate Change] reported. And that's been true at every juncture. We have tended to underestimate the rate and magnitude of the changes...What Hansen has shown is that indeed there is reason to at least suspect the possibility of a worst case scenario that is a lot worse than anything the IPCC talks about."
We also discuss the politics of this entire fine mess and the irony of 2016 GOP Presidential candidates Jeb Bush and Marco Rubio, both of Florida, denying the realities of the science --- each in their own way --- as their own state will be among the first to begin to disappear. That, of course, is only if Hansen is right --- as he has been in pretty much every case since he first rang the alarm about global warming in the U.S. Senate back in 1988.
"If we had acted when we already knew that there was a potential problem [back in 1988]," says Mann. "If we had acted then, then the emissions curve would be a bunny slope...a pretty gradual, smooth transition. It wouldn't be very hard to do, it wouldn't be very expensive. Instead, what several decades of delay have bought us is that we now face the black double diamond slope. That's what we're confronting now."
Listen to the entire conversation, please. It's really important and Mann --- who actually is a scientist (hint, hint, GOP candidates!) --- knows what he's talking about.
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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First up, Kansas Sec. of State Kris Kobach (R) continues his years-long phony "voter fraud" crusade, but now he's been given more authority to cause even more damage to the fundamental right to vote! After years of blatantly lying about "voter fraud" in the state (which we document in detail), he has now been given prosecutorial authority by the state's Republican Governor to personally clean up his pretend scourge in Kansas.
His first act? Setting up a webpage to allow the public to report instances of fraud on the SoS website (since he's been unable to find any on his own during his five years in office since being elected to "Stop Voter Fraud!"). But, conveniently, he's left off the option for the public to report on Kansas' much more pressing problem: voter suppression --- especially by guys like Kobach, who, since taking office, has successfully blocked tens of thousands of legal Kansas voters from being able to vote in state elections.
Then, former FBI Special Agent, 9/11 whistleblower and TIME Magazine's 2002 Person of the Year, Coleen Rowley joins us to explain why Dylann Roof, the alleged Charleston, SC shooter and avowed racist, was charged with hate crimes this week, but not terrorism. What's the difference between terrorism and hate crimes? And does the SC shooting now prove (once again) that the term "terrorism" has become little more than meaningless propaganda?
The term "terrorism", Rowley tells me, is now "uniquely set for Muslims, or for Arab nations that we have had agendas with in the past. The media is primed for that message."
"The definitions have a propaganda value, but they are not clear, and they're not good for purposes of law enforcement at all because they're not even making sense. In fact, I think that's all they are serving now --- as propaganda," she explains, before citing one of her favorite quotes: "A poor man's war is terrorism. A rich man's terrorism is war."
Finally, Desi Doyen joins us for the latest Green News Report with the climate position of the latest entrant into the 2016 GOP race and how a Democratic candidate has made Fox "News" heads explode by telling the truth about the relationship between climate change and the rise of ISIS...
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News events are now moving very quickly following the terrorist shooting last week at Charleston, SC's Emanuel AME Church. On today's BradCast, we do our best to bring you up to date if you made the mistake a taking a few minutes off over the weekend!
Politicians (Republican ones, particularly those running for President --- but even one or two in the Obama Administration) are now being forced to flip their previous positions at lightning speed, even as the state's Republican Governor Nikki Haley announced today that she is calling for the South Carolina legislature to remove the Confederate Flag --- a long time symbol of slavery, rebellion, divisiveness and hatred --- from the grounds of the state capitol.
But we'll get you up to speed on the rapidly "evolving", all-new positions from Jeb Bush, Rick Santorum, Lindsey Graham, Ben Carson and many others.
In the bargain, Fox 'News' and all of the politicos and pundits who swear allegiance to it, now find their ideological walls closing in on them, after years of being mired with "pathological denial" on all of the very topics the SC shooting tragedy highlights (and many more.) Eric Boehlert of Media Matters for America joins us to talk about it all on today's BradCast.
Also, we begin to catch up on a few items we've had to push off due to last week's breaking events...
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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Those shocked about the indictment of former U.S. House Speaker Dennis Hastert (R-IL) wouldn't be so surprised had they been long time readers of The BRAD BLOG. As to the resignation of "wife-beating" U.S. District Court Judge Mark Fuller (R-AL), well, no surprise there either. Only question is whether he'll face any real accountability or continue living off the federal dole for the rest of his life, even after the 11th U.S. Circuit's Court's Judicial Conference has found "grounds for impeachment".
Special coverage of both breaking news stories on today's BradCast --- a show that we were never supposed to do, since we were supposed to be off and traveling today! Just had to come back early for these. You're welcome!
Tune in for exclusive audio about alleged "blackmail", "bribery" and "immoral acts" by Hastert from the sworn 2009 testimony of FBI translator-turned-whistleblower Sibel Edmonds. And the remaining questions about whether the disgraced Judge Fuller is actually going to make out like a bandit despite his announced resignation.
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IN TODAY'S RADIO REPORT: Hours after Amtrak crash, Republicans vote to cut Amtrak's budget; FBI violated its own rules to spy on Keystone XL pipeline protesters; Hawaii votes to be first in the nation to reach 100% renewable energy; PLUS: It's our 600th episode! ... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): The arguments that convinced a libertarian to support aggressive action on climate; US taxpayers subsidizing world's biggest fossil fuel companies; Vampire power costs Americans $19 billion in electricity every year; French nuclear model falters; Depleted uranium in Utah Desert? What could possibly go wrong? ... PLUS: Could climate change help you go gluten free?... and much, MUCH more! ...
"I am not a victim," Catherine Engelbrecht, founder of the Rightwing voter suppression group calling themselves "True the Vote" told members of the U.S. Senate Judiciary Committee on Thursday morning. It was an odd turn of phrase given all that came before it in her testimony, both written and oral, at the confirmation hearings for U.S. Attorney General-nominee Loretta Lynch.
"I'm here today because I was targeted by the government for daring to speak out," the non-victim informed the Senators and those watching via C-Span at the very top of her remarks, much of which followed her written testimony [PDF] submitted in advance, and much of which did not. She is, she explained, just "one of thousands of Americans who have become living examples of a kind of trickle down tyranny that is actively endorsed by the current Administration and rigorously enforced by the Department of Justice."
"Over the years it has become clear to me that they don't just want True the Vote shut down, they want me broken," Engelbrecht wrote dramatically, but, for some reason, didn't say during her spoken testimony [video posted at the end of this article].
But, remember, she is "not a victim" at all. She is, on the other hand, the head of a wingnut Tea Party grifter organization which has, as we described in detail earlier this week, stepped on one rake after another since its ignominious appearance on the "voting rights" scene in 2010 when, in their introductory video, the group included a Photoshopped photo of an African-American woman holding a sign at a protest reading: "I ONLY GOT TO VOTE ONCE!" Another faked sign behind her head read "I'M WITH STUPID." (In actuality, as the original photos from a protest during the Presidential election theft in Florida in 2000 show, the woman's sign read: "DON'T MESS WITH OUR VOTES." The sign behind her had read "Gore/Lieberman 2000.")
During her testimony, Engelbrecht, after years of faking voter fraud statistics to try and help the GOP case for polling place Photo ID restrictions, even had the temerity to describe her organization as "a national non-profit initiative to protect voters' rights and promote election integrity."
Faking the truth seems to come easy to Engelbrecht and her group, as they've spent years attempting to intimidate voters at the polls under the guise of protecting against pretend Democratic "voter fraud". At the Senate hearing on Thursday, however, it was often what she didn't say during her oral testimony, as contrasted with her written testimony submitted beforehand, that may have been most revealing.
For some reason, for example, she --- or, perhaps a staffer on the new Republican-majority Senate committee --- must have thought it better not to discuss "pigment of skin" in polite company at the confirmation hearings for the first African-American woman to be nominated as the nation's chief law enforcement official. That part didn't make it into to Engelbrecht's spoken outrage...
"The very word 'secrecy' is repugnant in a free and open society; and we are, as a people, inherently and historically opposed to secret societies, to secret oaths and secret proceedings," President John F. Kennedy declared to the American Newspaper Publishers Association at New York's Waldorf-Astoria in 1961.
"No official of my Administration," he continued, "whether his rank is high or low, civilian or military, should interpret my words here tonight as an excuse to censor the news, to stifle dissent, to cover up our mistakes or to withhold from the press and the public the facts they deserve to know."
But, that was then.
The U.S. government's legal requests for secret surveillance are, themselves, filed in secret at the secret Foreign Intelligence Surveillance Court (FISC), and the FISC's rulings on those secret requests are themselves a secret as well.
Last week, however, after more than a year of legal wrangling and lawsuits, the non-partisan Electronic Frontier Foundation (EFF) was finally successful in gaining the public release of one of those secret rulings, an October 2011 decision by the Court finding that the government had, on several occasions, offered the Court "a substantial misrepresentation regarding the scope of a major collection program ... buttressed by repeated inaccurate statements."
At the very same time, as they were about to be compelled by a court to release the decision EFF sought, the U.S. Director of National Intelligence James Clapper, "in the interest of increased transparency," released two other redacted court decisions as well. In all, they revealed the NSA's illegal and unconstitutional collection of the emails of tens of thousands U.S. citizens who had nothing to do with terrorism investigations. The documents were all posted on a new Tumblr website created, Clapper said in a statement posted to the site, "to provide the public with direct access to factual information related to the lawful foreign surveillance activities carried out by the Intelligence Community."
As expected, some sections of the October 2011 FISC decision were heavily redacted. Other parts, while redacted, were revelatory nonetheless about the nature of our government's secret surveillance programs. And still other portions seem to be redacted for no legitimate national security reason at all. As a number of national security journalists, FOIA advocates, security veterans and whistleblowers describe to The BRAD BLOG, the reason for some of the redactions appears to be little more than an attempt to keep the government from embarrassing itself --- or even from revealing evidence of its own crimes.
Here's one of the more disturbing revelations, from a footnote, in the previously secret October 2011 FISC decision...
Here's one of the more heavily redacted portions of the previously secret 85-page ruling that rejected a secret surveillance request by the government, after determining that the government had repeatedly misled the Court in its secret filings...
But here is one snippet about which we specifically requested comment from a number of national security journalists, FOIA advocates (including the EFF) and former national security agency veterans and whistleblowers. Note, just for now, the one sentence highlighted in yellow...
I have been unable to find any evidence that even one single primetime program at cable news channel MSNBC --- which bills itself as "The Place for Politics" --- spent even one minute of coverage on this week's 3-hour oversight hearing in the U.S. Senate Judiciary Committee for President Barack Obama's nominee to be the next Director of the FBI.
The current Director of the FBI, Robert Mueller, was appointed by George W. Bush, and has served in that position since the week prior to 9/11/2001. During his tenure, there has been a vast, radical expansion of the use of torture, indefinite detention, and massive foreign and domestic surveillance by the U.S. Government. While the term for an FBI Director is ten years, Mueller has served almost twelve, following a two-year extension requested by Obama and authorized by the Senate --- which is responsible for advice, consent and confirmation of FBI Director nominees --- in 2011.
James Comey, Jr., who served as U.S. Deputy Attorney General during the George W. Bush administration, after having served as one of Bush's U.S. Attorneys, has been nominated by Obama to become the next Director of the FBI. He will, in theory, serve ten years if confirmed by the U.S. Senate and will be the first FBI Director appointed after 9/11.
According to the FBI's website, the Director oversees "56 field offices located in major cities throughout the U.S., approximately 380 smaller...resident agencies in cities and towns across the nation, and more than 60 international offices called 'legal attachés' in U.S. embassies worldwide." The Bureau employees almost 36,000 people and has an annual budget of just over $8 billion.
Even without the ongoing national (and international) debates about the U.S. use of torture, indefinite detention and its massive worldwide and domestic surveillance policies in the wake of disclosures by former NSA contractor Edward Snowden, it seems the oversight hearings for any new FBI Director, which, in this case, would be only the 7th in its history, would be newsworthy.
Given the importance of the role and the enormity of the appointment, especially at this moment in history, the fact that the entirety of MSNBC's primetime line-up seems to have completely ignored those hearings entirely, seems newsworthy as well.
All of that even more so, given the man who was nominated for the job and the extraordinary content of the hearings...
Rowley filed an op-ed in the New York Times this week with 15 questions for U.S. Senators to ask FBI Director nominee James Comey before deciding to confirm him. Naturally, they asked almost none of them during his oversight hearing on Tuesday, choosing to laud him, for the most part, for his willingness to stand up to Bush and Cheney, one very famous night in 2004, while ignoring the fact that, as the ACLU's Laura Murphy describes it: "Comey...also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention."
As a 24-year FBI veteran, suffice to say, Rowley did not seem impressed with Comey's often contradictory answers --- particularly on mass surveillance and torture --- in the few instances that he was asked tough questions by the Committee. Her insight here is important and very helpful, particularly as the hearing was, incredibly, almost completely ignored by the corporate media entirely.
We also discussed Edward Snowden and the award that her group, Sam Adams Associates for Integrity in Intelligence, an organization of former national security officials, honored the NSA whistleblower with this week, "praising his decision to reveal the extent of U.S. government electronic surveillance of people in the United States and around the world."
This one is a classified 18-page Presidential Policy Directive issued by President Obama last October detailing "Offensive Cyber Effects Operations (OCEO)" which "can offer unique and unconventional capabilities to advance US national objectives around the world with little or no warning to the adversary or target and with potential effects ranging from subtle to severely damaging".
It is said, by an Administration national security spokesperson, to be an update to "a similar directive dating back to 2004."
AP and others are reporting that President Obama plans to nominate, for FBI Director, Republican James Comey, former Deputy Attorney General under then AG John Ashcroft, during some of the darkest days of the George W. Bush Administration.
The news offer a moment to revisit what a real White House scandal looked like --- back when Republicans had no interest in them and back when there were real investigative Congressional hearings and no need to create pretend "whistleblowers" in order to gin up political "outrage" and "scandal"!
For those of you who believe Benghazi is an actual scandal, or even that the IRS idiocy has anything to do with "tyranny" or "abuse of power", you need only look back to Comey's riveting, could-hear-a-pin-drop, 2007 testimony before the U.S. Senate Judiciary Committee, as he described publicly, for the first time, a very real Executive over reach and astonishing abuse of power that concerned not only the federal government spying on all Americans without warrant or cause, but a White House willing to secretly take advantage of a critically ill Attorney General in order to get approval for a program by having it "certified as legal", even when it clearly was not.
That's what Comey described in his May 15, 2007 testimony --- during hearings on the U.S. Attorney Scandal (another very real one) --- about a remarkable event that took place on the night of Wednesday, March 10, 2004, which threatened to result in the mass resignation of the Attorney General, his Deputy AGs, much of their top-level staff, as well as the Director of the FBI. When asked during the hearing why he had determined to submit his resignation after what he saw and what had happened on that fateful night, he responds to Sen. Chuck Schumer: "I believed that I couldn't stay if the Administration was going to engage in conduct that the Department of Justice said had no legal basis. I just couldn't stay."
His testimony describes the night that the Bush's NSA warrantless eavesdropping program was set to expire, as then AG Ashcroft lay in a hospital Intensive Care Unit with a critical case of pancreatitis. Comey, designated as Acting AG during the AG's illness, had refused the White House demands to certify the NSA program as "legal", as was needed for it to continue. The White House was said to have been furious about it, so Dubya, reportedly, personally called Ashcroft's wife to inform her that his own legal adviser Alberto Gonzalez (who was not yet AG) and Chief of Staff Andy Card, were on their way over to the hospital to have the ailing AG personally sign off on the program.
What happened next, as Comey describes it in his testimony below, was an astonishing moment in a very real Constitutional crisis...
Before things turn too ugly this week, let's take a moment to flag four great progressive things --- arguably, four great conservative progressive things --- which all happened on Friday.
The first two items got a fair amount of notice, the second two, not so much. But since they all happened on the same day, and that day was Friday, when such stories tend to disappear all together, they are all worth briefly flagging here to make sure you're aware of them...
Sen. Rob Portman (R-OH), a co-sponsor of the unconstitutional "Defense of Marriage Act" (DOMA) in 1996, became the first sitting Republican Senator to come out in favor of marriage equality for all. It took him learning that he had a gay son two years ago before he was finally able to do the right thing, but we'll take what we can get. It's another in a string of victories and very encouraging signs for conservative progressivism, specifically the right of equal protection under the law for all.
The Maryland legislature voted to ban the inhumane, abhorrent, expensive, ineffective and unequally applied Death Penalty. They become the 6th state in as many years to do so, and the 18th state overall. As Governor Martin O'Malley (D) notes in an op-ed today: "Across our ever-more-closely connected world, the majority of public executions now take place in just seven countries: Iran. Iraq. The People’s Republic of China. North Korea. Saudi Arabia. Yemen. And the United States of America." This is another clear victory for those who believe in the Constitutional value of equal justice for all under the law and who hate Big Government --- the biggest --- allowing itself to kill its own citizens.
A federal court ruled that the use of so-called "National Security Letters" --- essentially, a warrantless statement from the FBI handed over to banks, libraries, phone companies, etc., demanding unlimited private information about a specific person for supposed "national security purposes" --- is unconstitutional. Specifically, the gag order on those banks, libraries, phone companies, etc., disallowing them from notifying the target about the intrusion on their privacy, is what the judge found in violation of the First Amendment. The case brought by the Electronic Frontier Foundation(EFF). The use of these letters have been one of the most insidious and abused elements of the PATRIOT Act for a very long time, ever since its passage following 9/11. The court ruling is likely to be appealed by the DoJ, but the finding is, for now, a positive step in the right direction --- at least for those of us conservative progressives who give a damn about unwarranted search and seizure, freedom of speech, etc. AP notes that "the FBI made 16,511 national-security-letter requests for information regarding 7,201 people in 2011" alone.
A federal appeals court has re-instated a case filed by the ACLU arguing that the CIA must, at the very least, respond to Freedom of Information Act (FOIA) requests concerning the use of the drone strikes. The FOIA requests in question had sought information on "the legal basis for carrying out targeted drone killings; any restrictions on those who may be targeted; any civilian casualties; any geographic limits on the program; the number of targeted killings that the agency has carried out; and the training, supervision, oversight, or discipline of drone operators." Even if the ACLU is ultimately victorious in this case, the CIA would not necessarily have to provide the information sought in those requests, but they would at least have to respond to them and state which responsive documents they may have and why they are not responding. The ACLU notes that the drone program "has already been responsible for the deaths of more than 4,000 people in an unknown number of countries."
After the two court rulings above on Friday, former Constitutional attorney and civil liberties champion Glenn Greenwald tweeted wryly: "Wow ... it's like we have a 3rd branch or something."
Much of this nation's government, all three branches, are largely stuck and broken in the muck and mire of partisan, corporate-sponsored quagmire or worse. So the fact that we had four important, not-horrible, arguably excellent things happen within that quagmire all on the same day on Friday are worth, at least, noting here for the record.
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