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By Sue Wilson on 6/5/2013 12:29pm PT  

The radio industry magazine Radio Ink caught wind of my recent article, "Tell the FCC: Talk Radio is NOT 'Bonafide News'", as published at The BRAD BLOG, (and subsequently reprinted by the Huffington Post.)

As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.

In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.

Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."

What a loaded sentence. But let's start unpacking.

Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.

Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...

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

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By Brad Friedman on 6/4/2013 11:11pm PT  

Gov. Chris Christie (R) could have made 24 New Jersey school teachers millionaires today. But, instead, he decided to spend the taxpayers money on a Special Election to fill the seat of the late Sen. Frank Lautenberg (D) this October, just three weeks before his own previously scheduled election in November.

"Party leaders sent around a list of the kind of budget cuts that Mr. Christie could restore with the money to be spent on the special election," the New York Times noted. "$10 million he cut from after-school programs for children in the state’s most troubled cities; $8.6 million in tuition subsidies for college students; and $12 million in charity care at hospitals. Just weeks ago, they noted, Mr. Christie vetoed a proposal to establish early voting, saying the price tag — $25 million — was too high."

"I don’t know what the cost is and I quite frankly don’t care," said the Governor who has pretended, since coming to office in 2009, to be a fiscal conservative. "We’re not going to be penny-wise and pound-foolish around here," he said cryptically.

"Despite the governor's public denials, Christie allies were concerned that if a special election coincided with the gubernatorial election, Democratic candidate Barbara Buono could benefit," reports National Journal. "With [Newark Mayor Cory] Booker as the favored Democratic Senate nominee, less-reliable Democratic voters, particularly African-Americans, would be more likely to show up at the polls. Even with a comfortable lead in the race, that's not a risk Christie welcomed."

Republicans, already incensed that Christie had the temerity to meet President Obama during a horrific natural disaster and not punch him in the face, are furious about it all.

While quietly working for a number of weeks prior to breaking the story of the Secret Koch Brothers Tapes and Christie's secret keynote stem-winder at their 2011 Summer Seminar, I recall, as I researched through hours of his speeches and various appearances, that this guy would have been the Democrats' worse nightmare had he decided to run for President in 2012. He was incredibly under-rated by Democrats who saw him only as a former Bush-appointed U.S. Attorney hack. He may have been a bald-faced liar, but he was really good at it, and really charming to boot, when he wanted (or needed) to be.

That, of course, was back when he was seen as a hard rightwinger (which he is, even today, as many have forgotten). Back when David Koch described him as "my kind of guy" after secretly meeting with him in New York City. Back prior to Christie's re-invention as a "reasonable bi-partisan Republican" --- a stroke of "luck" blown onshore by Superstorm Sandy and a common-sense willingness to not be a complete asshole while tens of thousands of his own constituents were literally drowning and/or fighting for their lives in the freezing cold, even if it was just days before a Presidential election.

That, in turn, earned him the eternal loathing of many of the base Primary voters in a party that hasn't a clue what's good for them, and stunningly high approval ratings from Democrats who may have forgotten who Christie really is, and just how opportunistically disingenuous he is willing to be.

His transparent edict today, declaring an extraordinarily wasteful Special Election only weeks before his own was already scheduled in the state, may remind Democrats about some of that, even as it further pisses of Republicans at the same time. But, at least just about everyone seemed happy to ignore his absurd protests that "There's no political purpose" to his purposely political move today. "The political purpose," he claimed with a straight face, "is to give the people a voice [because] the issues facing the United States Senate are too important not to have an elected representative making those decisions."

Yes, after waiting four months for that elected representative, the people of New Jersey simply couldn't have waited four months and three weeks. That would be a bridge too far. A bridge he'd be willing to sell you for about $24 million.

I don't have a whole lot to add right now to all of this, but it's a helluva fun story, so I figured I'd open it up to readers of The BRAD BLOG who may have some thoughts of their own to share on all of this. Will all be forgiven by the time the 2016 Primaries roll around? Will Christie be able to thread the impossible needle his party has created for him? Or will his rising star fall as quickly as it rose?

* * *

UPDATE 6/6/13: Jon Stewart now takes his own whack at Christie right here...

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By Desi Doyen on 6/4/2013 3:48pm PT  


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Prosecutor: 'Absentee voting is the source of all voter fraud'...
By Brad Friedman on 6/3/2013 4:12pm PT  

It seems we may now have at least a partial answer to the Miami-Dade absentee ballot request cyberhacking mystery we initially reported on in March.

As we detailed at that time, some 2,500 absentee ballots were fraudulently requested online for three different 2012 primary elections in Miami-Dade, FL. One race involved requests for Democratic absentee ballots in a U.S. House primary, the other two involved requests for Republican ballots in two different Florida State House primary races. All of the fraudulent "phantom" ballot requests are said to have been flagged as such at the Supervisor of Election's office and, therefore, never fulfilled.

Late last year, a grand jury and federal prosecutors [PDF] were unable to identify the person or persons behind the failed attempts, as well as why they were actually made, since the ballots, had the fraudulent requests not been flagged and prevented, were set to go to the actual addresses of real voters whose online identities had been fraudulently used to make the requests online.

One of the reasons that prosecutors were originally unable to identify those behind the attempted July 2012 cyberhack was because the Internet Protocol (IP) addresses used for most of the requests were masked by proxy IP addresses from overseas. It was not until excellent investigative reporting from The Miami-Herald discovered that a number of the requests came from IP addresses located in the Miami-Dade area. For reasons currently chalked up to administrative confusion, the Elections Division never gave those Miami area IP addresses to the grand jury.

Armed with the new information offered by the Miami-Dade IP addresses, it now appears that prosecutors are closing in on suspects believed to be behind at least one of those sets of cyberhacks --- the ones involving the Democratic U.S. House primary. Over the weekend the investigation led to the resignation of the Chief of Staff of the Democratic Congressman who eventually won the primary in question, as well as last November's general election...

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

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By Brad Friedman on 5/31/2013 4:19pm PT  

In case you can't read it, the text of the identical letters, believed to contain deadly ricin --- as sent last week to President Barack Obama, Mayor Michael Bloomberg, and to his gun safety organization, Mayors Against Illegal Guns (as well as to an Air Force Base and the CIA) from a Shreveport, LA post office --- follows below...

You will have to kill me and my family before you get my guns. Anyone wants to come to my house will get shot in the face. The right to bear arms is my constitutional God given right and I will excersice [sic] that right til [sic] the day I die. whats in the letter is nothing compared to what ive [sic] got planned for you.

Well, that tears it! I'm convinced by his water-tight argument. We must fight to ensure every American --- just like the guy who wrote the letter above --- is able to buy any weapon he likes, with as much ammo as he likes, with as many magazines, of any size, as he likes, with no oversight, tracking or background checks whatsoever! I see no down side.

It is, after all, a "constitutional God given right" and who are we to put limits on what God wants (and wrote directly into our Constitution)?

Sure, laugh now. But, to paraphrase, "First they came for the attempted assassins," etc...

* * *

Rachel Maddow's quick take on the above, and a spate of similar incidents of late, follows below...

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

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'I couldn't stay if the Administration was going to engage in conduct the Dept. of Justice said had no legal basis. I just couldn't stay.'...
By Brad Friedman on 5/30/2013 6:45pm PT  

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...

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

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By Desi Doyen on 5/30/2013 4:25pm PT  


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'Trans-Pacific Partnership' seeks to supplant nation-states with privatized, global investor-state...
By Ernest A. Canning on 5/30/2013 7:35am PT  

While the U.S. corporate-owned media misdirect our attention by focusing on various pretend "scandals", the Obama administration has quietly sought "fast track authority" to secretly negotiate and ram through Congress the Trans-Pacific Partnership (TPP).

The TPP is a NAFTA-like "free trade" agreement that not only threatens our national sovereignty, but aspires to supplant the sovereignty of all participating nation-states with a privately-controlled, all encompassing, corporate, global "investor state". The "investor-state" finds its embodiment in the creation of arbitration tribunals which are granted the power to negate the effectiveness of laws passed by individual nation-states.

As explained by Margaret Flowers and Kevin Zeese, through TPP, U.S. corporations and their K-Street lobbyists seek to by-pass the legislative process and democratic accountability in order to undermine Internet freedom, U.S. environmental laws and regulations and local laws protecting the health and safety of our citizenry. "Many of those corporations that have failed to get what they want from Congress are now getting their way through the secret back door of the TPP," they write. Sen. Elizabeth Warren (D-MA) has also issued a warning that Wall Street is attempting to gut Dodd-Frank through trade agreements such as TPP.

But, as government watchdog group Public Citizen observes, TPP --- which is now augmented by a joint U.S./E.U. call for a similar Transatlantic Free Trade Agreement --- threatens not only U.S. sovereignty but the ability of all nations to protect their own citizenry through the expansion of an already "notorious investor-state system". Such a system allows ethically compromised international business arbitration tribunals to compel nation-states to fork over "taxpayer-funded" penalties to predominantly U.S.-based, multinational corporations as the result of "domestic regulatory frameworks concerning nuclear energy and currency stability, revocation of mining and oil licenses (often in response to contract violations), and numerous other government measures affecting public health, financial stability, access to essential services and the environment."

What, you hadn't heard about this? Perhaps because the corporate media, and both major political parties, would prefer you keep your eyes on the shiny, pretend objects (Benghazi "scandal"! IRS "scandal"!) rather than the policies supported by both parties that will actually have a very real impact on your life and our country...

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

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By Brad Friedman on 5/29/2013 4:01pm PT  

Despite another "no contest" plea to four charges of voter fraud today, Hamilton County (Cincinnati), OH's crackdown on voter fraud, has yet to produce a conviction for a crime that might have been stopped had GOP-supported polling place Photo ID restriction laws been in place.

Here's the latest, via Cincinnati's NPR affiliate WVXU:

Melowese Richardson, the Madisonville poll worker accused for voting illegally for herself and others over three elections, entered no contest pleas in court this morning to four of the eight charges against her.
...
The other four counts were dismissed.

The 58-year-old Richardson, a long-time poll worker at the Madisonville Recreation Center...voted twice for herself in the 2012 election; and in elections in 2012, 2011 and 2009, she cast ballots for a number of friends and family members - one of whom was in a coma at the time.

As usual, it was an election insider, in this case, a pollworker, who attempted to defraud the system. As a pollworker, she figured out how to cast ballots for folks she knew would not be showing up to vote in person themselves.

No polling place Photo ID restriction --- as favored by Republicans claiming to want to stop "voter fraud" (but, really, just hoping to stop legal, largely Democratic-leaning voters from being able to cast a vote) --- would have deterred her insider efforts.

Out of the 421,997 votes cast in Hamilton County's 2012 November general election (and more in primaries last year) prosecutors have also been able to net two more convictions, both for absentee ballot fraud, which is also not affected in any way by the polling place Photo ID restrictions called for by Republicans...

Earlier this month, Russell Glossop, a 74-year-old Symmnes Township man, entered a guilty plea to a charge of illegal voting by casting an absentee ballot last fall for his dead wife.
...
The same is true of Sister Marguerite Kloos, a Sister of Charity who had cast a ballot for another nun who had died last fall before absentee ballots had been mailed out.

As The BRAD BLOG has reported for years, based on empirical study after empirical study to back up the case, in-person polling place impersonation, the only type of voter fraud that can possibly be deterred by Photo ID restrictions, is extraordinarily rare. Republican-enacted laws passed (theoretically) to deter it, stand to disenfranchise far more perfectly legal voters --- exponentially so --- than fraudulent votes that might ever be deterred by such laws.

Last August, for example, we reported on a new nationwide analysis by a non-partisan news consortium which examined every single election fraud case in the U.S. going back to 2000. Their findings? Out of thousands of cases of fraud, and hundreds of millions of legal votes cast in all 50 states for more than a decade, the study identified just ten (10!) cases of in-person voter fraud that might have been deterred by Republican polling place Photo ID restriction laws.

At the same time, partisan Republican groups such as "True the Vote" continue to fraudulently claim a massive "voter fraud" epidemic in support of GOP Photo ID restrictions. As we reported last December, their website had boasted of "voter fraud convictions in 46 states", but deceptively failed to point out that ZERO of the allegations and convictions cited would have been deterred by polling place Photo ID laws.

In the meantime, if you're looking for actual fraud, please see our article from last August, detailing election fraud allegations and convictions, for very high profile Republicans --- including Mitt Romney and even the former Sec. of State of Indiana (who was convicted of 3 felony voter fraud counts, even while he was the chief election official tasked with overseeing and enforcing the state's first-in-the-nation polling place Photo ID restriction law). None of the cases cited in the article, of those very high-profile GOPers, would have been deterred by the type of voting restriction laws favored by Republicans.

* * *
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By Desi Doyen on 5/28/2013 4:00pm PT  


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By Brad Friedman on 5/28/2013 12:40pm PT  

So, I was minding my own business on Memorial Day afternoon, just starting to light up some coals for a backyard BBQ with a few neighbors, when --- THWACK! --- a dead rat fell from the sky and landed hard on the patio pavement no more than five feet from where I was standing.

It was gray rat, with some blackish spots, had a body about 8 inches long and a tail another 8 or 10 inches, and what appeared to be two bloody wounds of some type on the side of its body.

Since I am a wuss, it was Desi --- rescuer of enormous spiders and disposer of dead rodents --- who wasn't so grossed out that she couldn't pick it up with a rake and throw it away.

I am kicking myself now that all of us --- myself and the four other witnesses (after-the-fact witnesses to the dead rat, not the fall, since I was the only one lucky enough to be there for the THWACK!) --- were too freaked out and creeped out to think of taking a photo to prove this actually happened! But it did.

My preferred theory is that this real life B-Horror Movie moment was actually the result of a hawk with great eyesight and a lousy grip. In any case, if dead bloody rats raining from the sky isn't a sign of the coming apocalypse, I really don't know what is...

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Corporate media outlets are using our public airwaves to promote their favorite candidates --- in violation of the law...
By Sue Wilson on 5/28/2013 6:05am PT  

President Obama recently nominated Tom Wheeler as the new Chair of the Federal Communications Commission (FCC), the federal agency tasked with protecting the public interest in broadcasting, particularly over our public airwaves.

One of the first questions Wheeler's FCC will have to (reluctantly?) decide: Is Talk Radio the same as "bonafide news"?

More than three quarters of the American public say no, according to Pew Research, and one would think an agency sworn to protect the public interest and its airwaves would agree with that vast majority. But will Wheeler choose to put the public interest first, or will his FCC continue to simply turn a blind eye, as the agency has done since the Reagan administration?

After what we documented last year in Wisconsin, and after official complaints were filed in turn with the FCC about how corporate radio stations there appear to have abused their licensed privilege to broadcast over our public airwaves, that question may finally have to be answered by the federal agency tasked with enforcing the law over those very airwaves...

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

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By Brad Friedman on 5/26/2013 10:10am PT  

No significance here. Just a Memorial Day Weekend palette cleanser. And a really cool one, at that. No camera or editing trickery. Just one guy --- Marquese Scott --- and some awesome cool "dubstep"...

[More on his YouTube channel...]

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By Brad Friedman on 5/25/2013 3:15pm PT  

After he was interrupted, several times, by CODEPINK founder Medea Benjamin during his foreign policy speech on Thursday, President Obama said: "The voice of that woman is worth paying attention to."

I agree with that part of his response, which was met with applause in the room. I rather liked the questions that Benjamin shouted out before and as she was eventually led out of the room. She offered a pretty well constructed set of thoughts and questions, particularly under the circumstances. And I'd love to hear the President's answers to a few of her questions.

Here's what she said, as well as I was able to capture her remarks from the video...

It's not Congress. It's you, sir. There are 102 people on a hunger strike [in the Guantanamo Bay prison]. These are desperate people. 86 have been cleared for release. You are Commander-in-Chief. You can close Guantanamo today. You can release those 86 prisoners today.
...
How about Abdulrahman al-Awlaki, a 16-year-old American killed by drones. Is that the way we treat a 16-year-old American? Why was he killed? Can you tell us why Abdulrahman al-Awlaki was killed?

Can you tell the Muslim people their lives are as precious as our lives? Can you take the drones out of the hands of the CIA? Can you stop the signature strikes that are killing people on the basis of suspicious activities? Will you apologize to the thousands of Muslims that you have killed? Will you compensate the innocent family victims? That will make us safer here at home.

I love my country! I love the rule of law! The drones are making us less safe. And keeping people in indefinite detention in Guantanamo is making us less safe. Abide by the rule of law. You're a Constitutional lawyer!

For the record, the President absolutely can release the 86 prisoners who have been cleared for release immediately, as Benjamin noted. He does not have to, as he likes to suggest, get approval from Congress to do that. He can release them immediately. He only needs Congressional approval to move prisoners (such as the ones who may actually face some sort of trial or military tribunal) to another prison on the U.S. mainland.

Despite his assertions to the contrary, as seen in the video below, Obama did not address the concerns of Benjamin. He did not explain why 16-year-old U.S. citizen Abdulrahman al-Awlaki was killed. He did not answer whether drone strikes would be taken out of the hands of the unaccountable CIA and given to the slightly-more-accountable military. He did not respond to the question about compensation to the families of innocent victims killed in drone strikes. He did not speak to whether "signature strikes" with drones (attacks based on profiles of those believed to be gathered at a particular location, rather than a specific person believed to be in the group) would be ended. He should address all of those issues.

* * *

Video of the section of his speech during which the President was interrupted several times by Benjamin --- remarkably, she was not removed the first several times --- and his responses to her, follows below...

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

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By Brad Friedman on 5/23/2013 3:40pm PT  

Yesterday, we ran a very short piece arguing that "Fox 'News' and Republicans Were For Prosecuting Journalists Before They Were Against It".

In it, we briefly documented the Obama DoJ's attack on journalists and journalism, as most recently highlighted by the sweeping subpoena of AP reporters' phone records and the naming of Fox "News" reporter James Rosen as an unindicted co-conspirator in order to subpoena his email and much more in the course of a national security leak investigation. We highlighted how these sorts of outrageous attacks on the media were something that the Right had very much approved of under Bush, and even under Obama, at least until it struck a bit too close to home for them, particularly with the latest news about Rosen. Now, of course, Fox and friends claim to be outraged! about it all.

In our report, we cited an excellent recent piece by Constitutional attorney turned UK Guardian columnist Glenn Greenwald. In that column, he smartly decried the aggressive actions of the Obama Administration. At the end of his piece, in an update, he dinged the Right for their hypocrisy in this matter. (It was the latter which we generally focused on in our own piece, though we also pointed out how Greenwald has been extraordinarily consistent over the years in his no-holds-barred critique of First Amendment erosions, whether they were carried out by the Bush Administration or the Obama Administration. For his championing of First Amendment rights he has received much partisan criticism over the years, first from Bush loyalists during the Bush Administration, and now from partisan Obama loyalists during the current administration.)

In response to our piece, BRAD BLOG commenter "Billy" went off on a tear against Greenwald, charging that "he has been lying incessantly about the James Rosen story"; that he "has pretty much given up on objectivity and fact-based reporting"; that he is "an opponent of Barack Obama [who] won't let the truth get in the way of that opposition"; and, perhaps most sharply, that he "is now in the same business as [Republican Congressman and U.S. House Oversight Committee Chairman] Darrell Issa."

Setting the invective aside, the main of Billy's critique of Greenwald seems to be that Rosen's original 2009 article at Fox --- the one which resulted in the DoJ naming him as an unindicted co-conspirator and the indictment of Rosen's alleged State Department leak source Steven Jin-Woo Kim --- led to the dangerous exposure of U.S. intelligence gathering operations and assets in North Korea.

Rosen's report on North Korea "presumably made it very easy for them to eliminate the operation," Billy argued, in apparent support of the Obama DoJ's actions. "At worst, this publication may have cost American intelligence sources their lives."

"But Glenn Greenwald, who has pretty much given up on objectivity and fact-based reporting, described Kim's leak to Rosen as a case of communicating 'innocuous information to a journalist - something done every day in Washington.' Clearly it was not," fumed Billy.

[Read "Billy's" initial comment here and scroll down for my own responses to him thereafter.]

We asked Greenwald whether he had yet to reply to the charge that he had "lied" about the Rosen case when describing the reported leaks as "innocuous" and, if not, if he'd like to. He sent us a response to that allegation, which he asked that we publish in full. Happy to. The complete response from Greenwald follows below...

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

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