"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 was watching a segment last night on Rachel Maddow's show with Desi Doyen, concerning the recent warnings issued to Americans and the evacuations at dozens of U.S. embassies and consulates in the Middle East and Northern Africa. The actions were taken due, we are told, to "chatter" detected by intelligence services of the possibility of attacks by al-Qaeda (and/or "associated forces") to American interests in the region.

Maddow framed the actions being taken by the U.S. government in the context of the infamous August 6, 2001 Presidential Daily Briefing memo --- "Bin Laden Determined to Strike in US" --- ignored by George W. Bush just one month before the 9/11 attacks. Yesterday was the 12th anniversary of that memo.

In her conversation with NBC foreign affairs correspondent Andrea Mitchell, Maddow discussed the memory of that infamously ignored warning, and what effect it may have on the way the U.S. government now reacts to such detected threats. "In a post-9/11 world", the argument goes, President Obama and all future Presidents are likely to be very conscious of not underestimating such memos and "chatter," in the event that an attack does come about, for which they could later be held accountable for having ignored the "clear signs." (Not that George W. Bush or his administration was ever held accountable for such things, but that's a different matter.)

While watching the conversation about the dozens of closed diplomatic posts, I said to Desi, "I bet they're wildly over-reacting. It's not about post-9/11. It's about post-Benghazi."

In either an abundance or over-abundance of caution, U.S. embassies and consulates are being warned and shuttered and Americans are being air-lifted out of countries. It's not the memory of 9/11, at this point, that the government seems to be reacting to. It's as much the Republican reaction and/or over-reaction and/or political bludgeon made of the deaths of four U.S. personnel at our diplomatic outpost in Libya last year that seems to be leading to this reaction and/or over-reaction by the government.

Indeed, moments after I had uttered that thought to Desi, Mitchell said to Maddow: "I think, Rachel, that this is not just post-9/11, this is post-Benghazi."

The way our government now reacts to such events is not necessarily based on common sense, it seems to be as much based on fear. Not necessarily fear of being attacked, but fear of missing some important warning or another and then being held politically accountable for it later.

Since so much of this is kept secret --- except for stuff classified as "secret" and "top secret" that is routinely leaked by government officials who, unlike whistleblowers, are almost never held accountable for such leaks of classified information --- we are largely left to simply "trust" that the government is accurately portraying the threat, whether they are or not, and whether they are simply over-reacting out of caution and/or political ass-covering.

All of this, then, adds an interesting light to a curious story reported this week by Al-Jazeera English's Jason Leopold (formerly of Truthout) highlighting the government's seemingly bizarre claims that they have concerns that al-Qaeda may "attack the detention facilities at Guantanamo" or otherwise, somehow, "undermine security at the facility" if too much is known about what goes on there.

But that's not the most interesting aspect of the story...

Earlier this week we detailed The Guardian investigative journalist Glenn Greenwald's dismantling of CNN/New York's Jeffrey Toobin in regard to the Bradley Manning verdict, and Toobin's vigorous defense of the U.S. surveillance state, long and cruel sentences for patriot whistleblowers and his support of the elitist establishment media who often publish "approved" administration leaks of Top Secret material to great aplomb from folks like Toobin.

Greenwald was back with Toobin on CNN Wednesday night, this time to talk about NSA leaker Edward Snowden. And this time, they were joined by New York Times investigative journalist James Risen, who is being forced to testify concerning his reporting on an alleged U.S. cyberattack against the Iran nuclear program.

It didn't go well for Toobin...

This debate between Guardian journalist Glenn Greenwald and New York's Jeffrey Toobin, both legal experts, is very enlightening and much worth watching. As those who know me may guess, I tend to side with Greenwald here...

By the way, since Pentagon Papers whistleblower Daniel Ellsberg is invoked in the above, please see what he had to say about Bradley Manning when I interviewed him in 2010, as I quoted him yesterday here. My entire 2010 Ellsberg interview (text transcript and audio), including more of his thoughts on Manning is posted here.

UPDATE 8/3/2012: Greenwald and Toobin returned for Round 2 on CNN. This time with New York Times investigative journalist James Risen as well. It didn't go any better for Toobin. Details, video here...

Earlier this week, Joe Conason, Editor-in-Chief of The National Memo, tweeted out word that he would be interviewing Sen. Ron Wyden (D-OR). He was seeking questions for the Senator who has been a member of the Select Intelligence Committee since 2001, and among the most outspoken in his attempts to inform the public of the massive, out-of-control U.S. surveillance state. Wyden offered a detailed speech on this topic earlier this week, as Ernie Canning reported here and as I discussed on this week's BradCast.)

[DISCLOSURE: I contribute articles, from time to time, at National Memo.]

I sent a couple of questions to Conason via Twitter (here and here), and I'm happy to see that, during the course of his interview with Wyden on the surveillance issues, he asked those questions, almost verbatim --- particularly the first one, the answer to which became the basis for National Memo's headline to the interview: "Wyden: How We Forced the NSA to Curtail Email Spying Programs".

The news central to Wyden's answer --- at least it was news to me, since I missed this item if it has otherwise been reported before this --- is that, according to the Senator, "the Obama administration a few weeks ago said that they had closed the [email surveillance] program down for what they called operational reasons."

That would be very good news, if so, and along with this week's debate in the U.S. House, yet another apparent positive outcome to the disclosures of former NSA contractor Edward Snowden.

Here are my two specific questions and Conason's use of them in the interview, along with the answers provided by Wyden...

On this week's BradCast on KPFK/Pacifica Radio, we spent zero time on the royal baby or Anthony Weiner! You're welcome!

Instead, economic policy reporter/muckraker David Dayen joined me for a quick discussion about Obama's "big" economic speech at Knox College in IL on Wednesday afternoon; Then it was on to Sen. Ron Wyden's Tuesday warning about NSA "secret" surveillance laws (and we took a bunch of great listener phone calls along with it); We spent some time on the high-ranking Kentucky election official fraudsters convicted of 156 years but now ordered by an appellate court to receive a new trial and the massive voter suppression legislation moving its way through the North Carolina statehouse; and more!

It was a very lively show! Enjoy!

Download MP3 or listen online below [appx 58 mins]...

"In my opinion, you don't need to hedge," Mark Rumold, attorney at the Electronic Frontier Foundation told me.

"There's no question in my mind", he said, that the surveillance programs revealed by former NSA contractor Edward Snowden include both illegalities and unconstitutionalities. They "violate the First and Fourth Amendment of the Constitution" and even "the plain terms of FISA [the Foreign Intelligence Surveillance Act], the law on which the authority is purportedly based, and...other federal statutes."

Rumold was my guest this week on the KPFK/Pacifica Radio BradCast where my hope was to strip away all of the nonsense "controversy" about Snowden and Guardian journalist Glenn Greenwald in order to focus on the actual disclosures, what we know about them, what we don't, and what we know about the lies told by the Administration about them (especially those by Director of National Intelligence James Clapper.)

Also, Rumold discussed the status of his EFF lawsuit attempting to force the secret Foreign Intelligence Surveillance Court (FISC) to release their 2011 finding on the illegalities/unconstitutionalities of one of the very few programs that they actually rejected.

If you are confused about any or all of that, today's show is a great primer on those key points and several more. The BRAD BLOG's legal analyst Ernie Canning described today's BradCast as "fascinating stuff." And though he may be somewhat biased, I --- who am completely objective on these things --- would tend to agree with him.

We also covered the breaking news out of Egypt, as President Mohammed Morsi was forced out of office in a military coup and Al Jazeera English was pulled off the air...live. We quickly discussed the outrageous secrecy of the Trans-Pacific Partnership (TPP), I had a few (more) very choice words for national embarrassment and professional hypocrite Justice Antonin Scalia, and Desi Doyen joined us, as usual, for the latest Green News Report and details on the next billion dollar natural disaster on its way...

Download MP3 or listen online below [appx 58 mins]...

On MSNBC's All In Thursday night, Chris Hayes flagged Barbara Starr's Tuesday report at CNN on how, according to unnamed U.S. government intelligence officials who offer some very specific details, terrorists are now, allegedly, changing their habits in the wake of the recent surveillance disclosures by former NSA contractor Edward Snowden.

Hayes cites Starr's reporting in order to point out the hypocrisy in how some leaks, those seemingly meant to make the Pentagon look good, are, apparently, perfectly fine in the eyes of many of the very same people who have otherwise criticized --- and even called for the arrest of --- both Snowden and Guardian journalist Glenn Greenwald, who had the temerity to report on Snowden's leaks.

The point Hayes makes here --- the last one, in particular, about the "vast and growing web of secret government" and our responsibility for "what our government does in our name," as quoted below (along with his full video commentary), is right on the money...

I had the pleasure of guest hosting for Ed Schultz today on his radio show.

It was my first time hosting for Big Eddie, after being a guest on his show at various times over many years. We had much fun today in the bargain! My thanks to him and his crew for so generously and helpfully welcoming me aboard. My thanks also to the folks at my radio home base, KPFK/Pacifica Radio in Los Angeles, for helping us pull it all off at very short notice.

I hope you'll have fun as well, listening to the show, if you missed it live today. The entire program is archived below (sans commercials!)

My guests included three great, independent, progressive journalists (four, if you include Desi Doyen, who also joined us, as usual):

• MARCY WHEELER , from EmptyWheel.net with the latest on today's House Intel Oversight hearing on Edward Snowden's NSA disclosures.
• ARI BERMAN from The Nation to discuss the this week's Supreme Court rulings on Voting Rights and Voter registration.
• DAVID DAYEN, formerly of Firedoglake.com on his new, disturbing article in the New Republic on how mortgage service providers are strong-arming the victims of the Moore, OK tornado (and other recent natural disasters).
• PLUS! A whole bunch of other stuff, a lot of calls, and plenty of thoughts (and occasional rants) on the surveillance state and the politics of it all. As one very generous emailer wrote me after the show: "You cut right through this unfortunate 'where does that leave the President?' talk." --- Well, good! That was my hope!

The audio archives of today's show follow below. Enjoy!

I'm prepping to guest host the Ed Schultz Radio Show tomorrow morning (9a-Noon PT, Noon-3p ET), so, for now, I'm gonna leave you with just the request that you go read some of the transcripts and/or videos available at USA Today.

Over the weekend, they published a conversation with three NSA whistleblowers (and one from DoJ) from during the Bush era. They all laud the latest NSA contractor-turned-whistleblower Edward Snowden for coming forward with his leaks, and say that "he succeeded where we failed" in getting the attention of the public as to what, they say, is going on, and the concerns about secret data gathering operations that the public need to be aware of.

"They say the documents leaked by Edward Snowden ... proves their claims of sweeping government surveillance of millions of Americans not suspected of any wrongdoing," as USA Today describes the conversation. "They say those revelations only hint at the programs' reach."

Please go to the page and read some of the transcripts and/or watch the video conversation, which I don't have time to highlight at the moment: "3 NSA veterans speak out on whistle-blower: We told you so".

Here is just the very beginning of the conversation...

Also related and of note, from Thomas Drake, one of the whistleblowers included in the USA Today conversation above --- his column from last week: "Snowden saw what I saw: surveillance criminally subverting the constitution."

There's a reason I argued we are now living on Planet Partisan the other day. In what is now, apparently, our continuing series on partisans attempting to justify their all-new positions on the massive, secret, US national security surveillance state by completely ignoring and/or reversing their very strong previously held positions, we first had...

• On Monday: Obama (2007) v. Obama (2013)
• On Wednesday: Hannity (Bush Era) v. Hannity (Obama Era)

And now we have this...

Several days ago, I posted a video showing the stark differences between the positions on massive surveillance programs by candidate Barack Obama in 2007 and President Barack Obama in 2013.

And now, since we're nothing if not "fair and balanced", here is a short video of Sean Hannity of Fox "News" repeatedly lauding massive NSA surveillance programs during the George W. Bush Administration...and then decrying the very same programs as "tyranny" and a blatant violation of the U.S. Constitution now that Obama is doing it.

With all due respect to Hannity --- and I have none --- his over the top hypocrisy then versus now trumps even Obama's, hands down. Not to mention the small detail that the programs, as carried out under Bush were, at the time, illegal, while under Obama they have been made "legal". (Or so we are told. There is so much secrecy around them, of course, it is virtually impossible for the public to know either way.) Enjoy!...

Also recently related: "Republicans Suddenly Decide to Care About Big Government Overreach"

I was on Abby Martin's Breaking the Set program on RT America this evening. The video is posted below.

We discussed the NSA leaks and everything related to it, including, briefly, my own disturbing experience --- which I have in common with Glenn Greenwald --- when we were both targeted by a cyber-scheme devised by government defense contractors set to turn tools developed for the "War on Terror" against us, at the behest of major corporate interests.

That is some of what The BRAD BLOG's legal analyst, Ernie Canning was attempting to warn about in his piece this morning on the many broad dangers of what has now become a massive, privatized, largely unaccountable, secret U.S. national security and surveillance state....

[I join Abby just after the 4:00 minute mark, for about 9 minutes.]

Huh...

[Hat-tip Lee Camp on the Twitters]