"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]...

I hope the media excitement over this White Bronco moment sustains and re-focuses on what the US government is doing in the dark.

— Glenn Greenwald (@ggreenwald) June 23, 2013

Yes. Me too.

That said, given this "Catch Me If You Can" international chase, this may be one (very brief) moment, in which I can (for now) forgive the mainstream corporate media for their breathless worldwide, man-of-mystery manhunt coverage. Snowden's Run is, after all, just one helluva good thriller story.

The New York Times' David Carr described it this way: "[A]s Edward J. Snowden made his way across the globe with a disintegrating passport and newly emerged allies, Twitter was there, serving up a new kind of chase coverage, with breathless updates from hovering digital observers speculating about the fleeing leaker’s next move. All day Sunday, it was like watching a spy movie unfold in pixels, except it was all very real and no one knows how it ends."

What is impossible to forgive, however, is another sideline distraction to the substance of Edward Snowden's disclosures that happened on Sunday, though it's a disturbingly important one that needs more light amidst the other, thrilling, if less important distractions. This part of the story came via the national embarrassment otherwise known as NBC's Meet the Press with David Gregory, when the titular host suggested that Guardian journalist Glenn Greenwald, who helped break many of the Snowden disclosures, had "aided and abetted" the former NSA contractor, and should, therefore, be "charged with a crime" himself.

Gregory's friendly help to the U.S. Government's surging War on Journalism was echoed again today, by yet another supposed journalist, when Andrew Ross Sorkin, a financial columnist for the national embarrassment otherwise known as the New York Times, offered (also on live television) that he would "almost arrest" Greenwald in addition to Snowden...

Ever since last week's disclosures about our massive surveillance state began pouring out from the Guardian's Glenn Greenwald, via leaked documents from NSA contractor Edward Snowden, detractors of the leaks have been pillorying them both for, among other things, supposedly putting national security at risk.

The attacks have come from both the Right and non-Right this time around, unlike during the Bush Administration when the attacks on whistleblowing came largely from the Right (and from some elected Democrats.)

At the end of this article over the weekend, I wrote a bit about how bizarre it's been to see partisan Obama supporters literally switching places with their partisan Bush-supporting counterparts, using arguments that are virtually identical to those by made by Republicans to defend Bush on these very same matters during his administration. Those same arguments, almost to the phrase, are now employed by many Democrats to defend the Obama DoJ's crackdown on whistleblowers, secret subpoenas of journalists and, now, as a call to arms against Snowden and Greenwald both for, somehow, putting the nation in danger. (At the same time, as I've also noted on several occassions, it's also amazing to witness some Republicans who've suddenly discovered a new found concern about Big Government Executive Branch overreach and the secret surveillance of U.S. citizens.)

Related to all of this, and true to many of those who have been critical of Snowden and Greenwald from both the Democratic and Republican side, is that while the recent disclosures have put us at risk (or something), as they argue, the issue of our massive, secret, privatized, surveillance state is, nonetheless, a very important issue about which we must have a public debate as a nation. On that, detractors from both sides seem to agree.

Here are just a few examples of that and some thoughts on how twisted this logic seems to be...

Since the latest round of "ScandalMania" began, and long before it, we've been writing about how Fox "News" Republicans have been suddenly pretending to care about "Big Government" overreach.

In truth, they've never given a damn about any of it, unless it seemed to be something they could use to hurt Barack Obama and Democrats in some way. But, even then, the fake outrage was extraordinarily selective.

With yesterday's revelation by Glenn Greenwald at the UK Guardian, exposing the Obama NSA's secret FISA court order to obtain blanket access to months of records from "all telephone calls in [Verizon's] systems, both within the US and between the US and other countries," one might be dumb enough to think that Fox and the Republicans and, especially, U.S. House Oversight Committee Chair Rep. Darrel Issa, would be in an absolute uproar upon learning of the President's tyrannical Big Government overreach and invasion into the private lives of American citizens.

But, of course, we're not that dumb.

Other than Sen. Rand Paul, apparently, few on the Right could care less about any of it. That is, of course, because they never actually cared about Big Government or tyranny or invasions into the private lives of American citizens in the first place.

Alex Seitz-Wald at Salon explains it well, noting that between the time the story broke last night and about 2pm ET this afternoon, Fox "News" and Fox Business, together, had mentioned the story only three times. "Two were quick straight news segments, while the third was a little riff from the 'Fox and Friends' crew." At the same time, he writes, "Fox and Fox Business have mentioned the nine-month-old Libya scandal over 25 times"...

And, of course, that was all before Greenwald and Ewen MacAskill's arguably even more alarming story today (also confirmed by Washington Post) revealing a massive, previously undisclosed, top secret NSA program named PRISM which now affords the agency "direct access to the systems of Google, Facebook, Apple and other US internet giants, according to a top secret document obtained by the Guardian." The program, they report, allows "officials to collect material including search history, the content of emails, file transfers and live chats."

Fox and friends are, no doubt, scrambling, even now, to ignore that story as thoroughly and as quickly as possible as well. Because, ya know, Benghazi! Or something...Or, maybe its the fact that both programs were begun under George W. Bush, back when Fox and friends didn't even pretend to give a damn about Big Government overreach --- other than when they were calling for more of it.

The Oct. 23, 2012 Third Party Presidential Debate between four candidates vying, along with President Obama and Mitt Romney, for the office of the U.S. Presidency, provided a rare, yet valuable glimpse at what a genuine, representative American democracy might look like. The worthy discussion, at the very least, should be read via text transcript, exclusively available here at The BRAD BLOG, for those who lack the time to watch the ninety minute video, embedded below.

Unlike Democracy Now's three expanded debates, which presented third party candidate responses to the questions posed at the three "official" Presidential debates and one Vice-Presidential debate sponsored by the so-called Commission on Presidential Debates, the Oct. 23 debate provided a forum that was not tethered to what co-moderator Christina Tobin of the Free and Equal Foundation, the organizers, described as "the private interests who control our beliefs, our opinions and our lives." Here, questions were neither posed directly by, nor filtered through corporate media-controlled moderators. Rather, they were presented, word-for-word, as submitted by citizens through social media.

With the single exception of the failure of Libertarian Candidate and former New Mexico Republican Governor Gary Johnson to say where he stood on "top-two" primaries (aka "Cajun primaries"), it was a debate in which all candidates left no room for doubt as to where they stood. It was a debate that included in-depth discussion on a wide variety of issues of vital importance, many of which were understandably evaded not only by the two major party Presidential candidates, but by the corporate media in the official debates, because those issues conflict with corporate wealth and power, including the wealth of the corporate-owned media.

It was a debate that began with Tobin's promise of future debates between "more candidates at every level of government" and ended with her surprise announcement of a final, foreign policy debate, next Tuesday, Oct. 30, commencing at 9:00 p.m. ET, broadcast via RT America, between two of the four candidates to be selected via an [ugh] online, instant run-off vote...

Guest essay by Ernest A. Canning

It is vital that the American people come to appreciate the danger to liberty as well as community posed by doctrinaire libertarianism.

Despite widespread coverage of Rand Paul's absurd criticism of the provisions of the 1964 Civil Rights Act as applied to private businesses, there has been a dearth of analysis as to how this absurdity was brought about by the serious intellectual deficiencies in doctrinaire libertarian philosophy; a philosophy which led to a second astounding Rand Paul remark.

In the face of horrendous safety records on the part of both Massey Energy, which had been found to have violated federal safety regulations thousands of times over the past several years, and BP, which had steadfastly fought off safety measures for deep water oil rigs, Rand summarily dismissed the significance of both the deadly West Virginia mine disaster and the deadly explosion at BP's deep water facility that has produced the worst oil spill in U.S. history with the cavalier, "accidents happen."

What Rand Paul has done is open a window into "libertarianism," which, contrary to the current Wikipedia definition, does not merge into "anarchism." The principle distinction arises because, as explained by Noam Chomsky, anarchism challenges not only authoritarian government but all authoritarian societal structures, including the work place.

Libertarians like Ron and Rand Paul focus exclusively on individual liberty vis-a-vis the government. They fail to appreciate that, especially in the 21st Century, the removal of government as a check against unfettered corporate wealth and power leads to "the tyranny of a corporate controlled economy"...

What a shock...

So, it was illegal, as long argued. Yet nobody will go to jail for it, naturally, because Presidents, particularly George W. Bush, and their men, though theoretically "bound by the law," as Eisenberg says, are still above the law, apparently.

For you Tea Baggers: The comment section below is open so that you can let us hear your arguments as to why you believe that Barack Obama should be allowed to violate the law and the Constitution in order to read your emails and listen to your phone calls, at any time, and for whatever reason he chooses, without ever receiving court approval, the way you used to argue that Bush was allowed to do.

For you non-Tea Baggers in the reality-based world: We'll note here that the Judge in this case also, thankfully, rejected the DoJ's attempt to invoke the so-called "State Secrets Privilege" as "first asserted by the Bush administration and continued under President Obama."

The SSP is what the Bush Administration had twice used to gag FBI whistelblower Sibel Edmonds for so many years, successfully ensuring that her case would never see the light of day in a court of law, despite her appealing the Administration's use of the draconian and (previously) rarely-invoked "privilege" all the way to the U.S. Supreme Court.

Can we assume then that the "State Secrets" the Bush Administration was hoping to keep from seeing the light of day in the Edmonds case were even more of a national security threat than exposing the fact that the Government was spying, illegally, on anybody in this country that they wanted to?

[Update 9/22/09: The American Conservative story is now posted. As well, the office of the Congresswoman named for the first time in the report has offered a vehement denial of the allegations to The BRAD BLOG. Her full response, rebuttal now here...]

On Friday, we reported on the coming exclusive American Conservative cover story interview with formerly-gagged FBI translator turned whistleblower Sibel Edmonds by quoting the magazine's own teaser description of the piece as "explosive." Over the weekend, we received an embargoed look at the final version of the AmCon interview by former CIA officer Phil Giraldi, and yes, "explosive" may be a vast understatement. At least if the U.S. corporate media bother to notice it this time.

It seems it may be difficult not to notice it, given that Edmonds finally names, on the record, for the first time, in a right-leaning periodical founded by Pat Buchanan, the identity of the currently-serving Democratic Congresswoman she has previously described as married with grown children and having been "hooked" into participating in a lesbian affair with a Turkish foreign agent, as she was secretly video-taped for blackmail purposes.

Edmonds has alluded to the Congresswoman, without naming her, in the past, most notably in her recent sworn and video-taped deposition in the Schmidt v. Krikorian case now pending before the Ohio Election Commission. In that testimony, she did manage to name the names of other Congress members she had previously identified publicly. At the time, we (and virtually no other media outlets) reported on her disclosures that Dennis Hastert (R-IL), Bob Livingston (R-LA), Dan Burton (R-IN), Roy Blunt (R-MO), Stephen Solarz (D-NY), and Tom Lantos (D-CA, deceased), were all participants in blackmail and/or bribery schemes by and with agents of the Turkish government, as she became aware while translating wiretaps in the FBI's counterintelligence division after 9/11. Some of those crimes are said to have resulted in the theft and sale of nuclear weapons technology to allies and enemies alike.

In her 8/8/09 D.C. deposition, she discussed, for the first time on the public record since being previously gagged by the Bush Administration's use of so-called "State Secrets Privilege" (twice), details of what she heard while reviewing and translating wiretaps of Turkish agents who were targets of a long-running FBI investigation centered out of Chicago, but extending far beyond.

In addition to specific details on allegations of serious wrongdoing by the Congress members mentioned above, as well as State and Defense Department officials such as Marc Grossman, Paul Wolfowitz, and Richard Perle, Edmonds had offered details, during the deposition, about a Democratic Congresswoman who is "married with...grown children, but she is bisexual."

"So they have sent Turkish female agents," she testified, in her sometimes-broken English, according to the transcript [PDF]. "And that Turkish female agents work for Turkish government, and have sexual relationship with this Congresswoman in her townhouse actually in this area, and the entire episodes of their sexual conduct was being filmed because the entire house, this Congressional woman's house was bugged."

She went on to add that she hadn't used her name in the past because she left the FBI before knowing whether or not the information was actually used against the Congresswoman to blackmail her, or if the woman had even been made aware of it. "I don't know if she did anything illegal afterwards," Edmonds said.

In Giraldi's AmCon interview, Edmonds again repeats that she doesn't know if the Congresswoman "ever was actually blackmailed or did anything for the Turkish woman," but she does name her name this time...

Guest Editorial by Sibel Edmonds

I have been known to quote long-dead men in my past writings. Whether eloquently expressed thoughts by our founding fathers, or those artfully expressed by ancient Greek thinkers, these quotes have always done a better job starting or ending my thoughts - that tend to be expressed in long winding sentences. For this piece I am going to break with tradition and start with an appropriate quote from a living current senator, John Kerry: "It's a sad day when you have members of Congress who are literally criminals go undisciplined by their colleagues. No wonder people look at Washington and know this city is broken."

The people do indeed look at Washington and know that this city is 'badly' broken, Senator Kerry. The public confidence in our Congress has been declining drastically. Recent poll results highlight how the American people's trust in their Congress has hit rock bottom. A survey of progressive blogs easily confirms the rage rightfully directed at our Congress for abdicating its role of oversight and accountability. Activists scream about promised hearings that never took place - without explanation. They express outrage when investigations are dropped without any justification. And they genuinely wonder out loud why, especially after they helped secure a major victory for the Democrats. The same Democrats who had for years pointed fingers at their big bad Republican majority colleagues as the main impediment preventing them from fulfilling what was expected of them.

The recent stunning but not unexpected revelations regarding Jane Harman (D-CA) by the Congressional Quarterly provide us with a little glimpse into one of the main reasons behind the steady decline in the integrity of Congress. But the story is almost dead - ready to bite the dust, thanks to our mainstream media's insistence on burying 'real' issues or stories that delve deep into the causes of our nation's continuous downward slide. In this particular case, the 'thank you' should also be extended to certain blogosphere propagandists who, blinded by their partisanship, myopic in their assessments, and ignorant in their knowledge of the inner workings of our late Congress and intelligence agencies, helped in the post-burial cremation of this case.

Ironically but understandably, the Harman case has become one of rare unequivocal bipartisanship, when no one from either side of the partisan aisle utters a word. How many House or Senate Republicans have you heard screaming, or even better, calling for an investigation? The right wing remains silent. Some may have their hand, directly or indirectly, in the same AIPAC cookie jar. Others may still feel the heavy baggage of their own party's tainted colleagues; after all, they have had their share of Abramoffs, Hasterts and the like, silently lurking in the background, albeit dimmer every day. Some on the left, after an initial silence that easily could have been mistaken for shock, are jumping from one foot to the other, like a cat on a hot tin roof, making one excuse after another; playing the 'victims of Executive Branch eavesdropping' card, the same very 'evil doing' they happened to support vehemently. Some have been dialing their trusted guardian angels within the mainstream media and certain fairly visible alternative outlets. They need no longer worry, since these guardian angels seem to have blacked out the story, and have done so without the apparent need for much arm twisting...

In truth, the worst of it isn't Rightwing Radio and other such outlets which we expect to be GOP shills. Far more insidious --- as we discussed recently on the Gregory Mantell Show --- is the lazy, enabling, complicit, rightwing slant of actual news outlets, such as AP, WaPo, NYTimes, etc., which are generally believed by the public to be credible, down the middle, unbiased, and legitimate. They aren't. As proven time and again over the last eight years. And they're still at it, even in the waning days of Bush. They're now helping him to prop up a phony legacy as phony as the last eight years of the phony illusions of "success" they helped him invent in the first place.

Greg Sargent elucidates the latest round of corporate mainstream media misreporting which, conveniently, helps both Bush and --- perhaps more to the point --- themselves by justifying their own failure to report the story of the unnecessary War on Iraq accurately, as they did, straight from the jump...

Guest blogged by DES

The Hill reports today that defense attorneys for Congressman Rick Renzi (R-AZ) have filed a motion to dismiss 35 charges of corruption stemming from a sweetheart real estate deal, claiming the federal government secretly and illegally wiretapped Renzi's cell phone.

Ironically, Renzi appears to have been caught up in the very same warrantless wiretapping that he supported as a Congressman...

Blogged by Brad from the road...

Perhaps impeachment won't die in the House Judiciary Committee after all, as Pelosi gently --- if tepidly --- seemed to put the topic back on the table, according to Politico today, (via RAW STORY):

Rep. Dennis Kucinich (D-OH) filed 35 Articles of Impeachment against George W. Bush in June. Those articles, like the ones before them against Dick Cheney, were referred to House Judiciary where action has yet to be taken on them. Yesterday, Kucinich announced that he will introduce yet another Article today, on Bush lying the country into war, in a privileged resolution on the House floor.

This morning, his office announced the new article will be filed between 3:30 and 4:00pm ET today. They are asking the public to sign their petition calling on Congress to take action on the matter.

DISCLOSURE: The BRAD BLOG was consulted by Kucinich concerning the Bush Articles of Impeachment. The information submitted was included in Article 28, "Tampering with Free and Fair Elections" and Article 29, "Conspiracy to Violate the Voting Rights Act of 1965" of the original 35 Articles filed last month against Bush.

Guest Blogged by Stephen Heller of VelvetRevolution.us

House Majority Leader Rep. Steny Hoyer, (D-MD), one of the new FISA bill's strongest champions, spoke about the bill's new "exclusivity provision" on the floor of the House on March 14, 2008. He proclaimed that "It clarifies that FISA is the exclusive means of conducting surveillance in the United States for foreign intelligence purposes."

On June 20, Hoyer optimistically echoed his previous comment: "This legislation makes clear that FISA is the exclusive means by which the government may conduct surveillance."

Sen. Dianne Feinstein, (D-CA), in an email sent to some constituents, including myself, wrote that the new FISA bill: "Includes provisions I authored that make clear that FISA is the exclusive (or only) authority for conducting surveillance inside the United States...FISA would be the only legal authority for conducting surveillance on Americans for intelligence purposes..."

But the old FISA bill, which was the law when Bush began to spy on us without warrants, also had an "exclusivity" provision that stated:

Since the "President" ignored the old FISA law, despite its existing exclusivity provision, what makes Hoyer or Feinstein or any of the other Dems think he'll bother to obey the new version of the law?

The existing law didn't keep Bush from breaking it last time, so it's beyond me what makes law makers think he won't do the same this time around. I decided to contact three different Democratic officials, all in favor of the new law, to try and find out why they believe they won't be fooled again...

-- By Brad Friedman

[Updated --- now several times --- with a number of significant items, additional info, background, reaction and analysis from around the blogosphere, all at the end of the article.]

Sibel Edmonds, the former FBI translator who has been under a Bush administration gag order for the past 5 years, has now begun to disclose some of the classified information she has been prohibited from revealing.

"A WHISTLEBLOWER has made a series of extraordinary claims about how corrupt government officials allowed Pakistan and other states to steal nuclear weapons secrets," reports Great Britain's Sunday Times in the lede of their front page exclusive, headlined "For sale: West’s deadly nuclear secrets."

In the article, just filed tonight, Edmonds reveals details overheard on wiretaps she translated during her time at the FBI, just after 9/11. Her disclosures to the Times reveal a maze of nuclear black market espionage involving U.S. Defense and State Department officials, that resulted in the sale and propagation of nuclear secrets to Turkish and Israeli interests. In turn, that information was then sold to Pakistan and used by A.Q. Kahn for development of nuclear weapons. The secrets were subsequently proliferated to Iran, Libya, North Korea, and potentially al-Qaeda's Osama bin Laden, just weeks prior to September 11th, 2001.

The explosive allegations, shared with the Sunday Times over the last several weeks, follow on the heels of two reports published late last year by The BRAD BLOG, based on our own exclusive interviews with Edmonds.

Blogged by Brad from St. Louis, MO...

In light of our story this morning on the Mainstream Corporate Media's failure to air the charges of an extraordinarily credible FBI whistleblower, whose charges are described by the legendary Vietnam-era whistleblower Daniel Ellsberg as "far more explosive than the Pentagaon Papers", the following, we suppose, should come as little surprise. Yet, in reviewing the points below, the mind still reels...

Rest of story...

(Hat-tip to NYU's journalism professor, Mark Crispin Miller)