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"

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...

Whistleblower Edward Snowden did more than simply expose a level of NSA surveillance that suggests the entire system has grown dangerously close to that of "Big Brother" in George Orwell's 1984.

In disclosing that he served at the NSA as a third-party contractor employed by Booz Allen Hamilton, Snowden's revelations touch upon the disturbing fact that the U.S. has become not only a national security surveillance state, but a privatized national security surveillance state. Our national security apparatus is now run, in no small part, by massive private corporations whose financial interests may be better served by operating in secret and by exploiting and exaggerating public fears.

As reported by The New York Times on Monday, Booz Allen "has become one of the largest and most profitable corporations in the United States almost exclusively by serving a single client: the government of the United States." The company "reported revenues of $5.76 billion for the fiscal year ended in March."

The majority shareholder in Booz Allen is The Carlyle Group, the massive global asset management firm whose defense industry contracts raised questions of a conflict of interest during the George W. Bush administration in light of the direct financial ties and active rolls in Carlyle maintained by Bush's father, former President George H.W. Bush, his Sec. of State, James Baker, III, Ronald Reagan's Defense Sec. Frank Carlucci and even Shafiq Bin Laden (Osama's brother).

These new revelations serve as a reminder that 9/11 did more than serve as an economic boon for the military-industrial complex. The events of that horrible day gave rise to an endless "war on terror," to the starkly swift passage of the USA PATRIOT Act of 2001 and eventually, along with it, --- as Sen. Russ Feingold, the only U.S. Senator to vote against the Act, predicted at the time --- to the massive reach of the NSA surveillance state. Feingold's prediction echoed the ominous warning provided by Sen. Frank Church (D-ID) some thirty years earlier, that if the NSA's surveillance capabilities were ever allowed to go unchecked, there would be "no place to hide."

But what Senators Feingold and Church do not seem to have anticipated was that this Orwellian level of surveillance capabilities would be placed into the hands of private cyber security contractors, and their billionaire benefactors, whose financial interests lie in an exaggerated state of fear and secrecy. The merger between the NSA and private corporate power raises the specter that this never-ending "war on terror" has given rise to a national security apparatus whose real purpose is to protect wealth and privilege against the threat democracy poses to our increasingly stark levels of inequality.

So, is it terrorism or democracy which is the real target of an omnipresent NSA surveillance capability? Or is it something else entirely?...

Huh...

[Hat-tip Lee Camp on the Twitters]

29-year old former CIA technical assistant and current NSA third-party contractor Edward Snowden has decided to out himself as the source of the leaked national security documents exposing the U.S. government's massive secret telephone records collection and secret access to nine major Internet services providers, as published by journalist Glenn Greenwald of the Guardian over the course of the past week.

"Any analyst, at any time, can target anyone...anywhere," he tells Greenwald in a video interview published this morning by the Guardian, as recorded in Hong Kong where Snowden has taken refuge for the time being. He adds that, "increasingly", secret intelligence collection is "happening domestically."

"Not all analysts have the ability to target everything," he explains. "But I, sitting at my desk, certainly had the authorities to wiretap anyone, from you or your accountant to a federal judge or even the President if I had a personal email."

Prior to his decision to leak certain classified and top secret documents about "this massive surveillance machine" he said is being secretly built by the government --- documents which, he says, he reviewed specifically to make sure nobody was personally exposed by them --- Greenwald reports, in a separate article, that he "had 'a very comfortable life' that included a salary of roughly $200,000, a girlfriend with whom he shared a home in Hawaii, a stable career, and a family he loves."

"I carefully evaluated every single document I disclosed to ensure that each was legitimately in the public interest," he is quoted as telling the Guardian. "There are all sorts of documents that would have made a big impact that I didn't turn over, because harming people isn't my goal. Transparency is."

Thanks to his leaks from the NSA, "Snowden will go down in history as one of America's most consequential whistleblowers alongside Daniel Ellsberg and Bradley Manning" writes Greenwald, with fellow Guardian journalists Ewen MacAskill and Laura Poitras today.

"The public needs to decide whether these programs and policies are right or wrong," Snowden tells Greenwald in the fascinating video interview...

A decade ago, Snowden had enlisted in the U.S. Army in hopes of going to Iraq with the Special Forces, the Guardian reports. He became disenchanted, he says, when "Most of the people training us seemed pumped up about killing Arabs, not helping anyone." Following a serious injury during training, he was discharged, and eventually made his way into the intelligence field, and now the pages of history.

When asked why he decided to expose these programs, and now come out publicly about them at this time, as opposed to staying in the shadows until otherwise discovered, Snowden explains in the video...

Man, Glenn Greenwald at the UK Guardian has got a very good, and very high-level, source (or sources).

After his Wednesday blockbuster release of secret court documents detailing an order to release millions of Verizon phone records to the NSA, and his arguably more disturbing Thursday blockbuster release of classified documents detailing the secret PRISM program allowing the government "direct access" to the servers of giant Internet service providers like Microsoft, Yahoo!, YouTube, Google and Skype, he has, as promised earlier today, just released another major classified document.

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."

Here are the key details from Greenwald's latest blockbuster report, written along with the Guardian's Ewen MacAskill...

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...

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...

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...

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...

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...

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...

If you haven't already, you should read Glenn Greenwald's full take, published earlier this week, on the Obama DoJ's astonishing invasion of Fox "News" reporter James Rosen's work as a journalist by naming him as an unindicted co-conspirator in order to access his email, phone records and more in the course of the Obama Administration's criminal investigation into an alleged leak of classified material by State Department official Steven Jin-Woo Kim.

(For a somewhat different take on the matter, Jack Shafer's column at Reuters "What was James Rosen thinking?" is smart and worth reading, even as I find it uncomfortably close to flat out blaming the victim.)

To his credit, Greenwald's consistent stance over the years on this issue --- from his documentation of outrageous attacks on journalists and journalism during the Bush Administration, to outrageous attacks on journalists and journalism during the Obama Administration (much of which he references in his report linked above) --- earn him a lot of cred here. It has also earned him scorn from both the Right and supporters of the Obama Administration.

What has made all of this additionally amusing/maddening over the past week, however, has been the hypocritical turn by the Right and Fox "News" --- now that one of its own has been caught in the buzz-saw. Suddenly, they are outraged --- outraged! --- over the chill on journalism and journalistic freedom and the assault on the First Amendment now that it's the Obama Administration that is doing it and, I should add, now that it's being done to them. Recall, they didn't much care --- supported it, in fact --- when there were similar attacks on journalists at New York Times and Washington Post by the Bush Administration. Or, more recently, under Obama, against journalists like Julian Assange at WikiLeaks just a year or two ago. As discussed during my 2010 interview with legendary "Pentagon Papers" whistleblower Daniel Ellsberg, then Fox "News" contributor Sarah Palin, for example, called for Assange to be hunted down like a terrorist "with the same urgency we pursue al Qaeda and Taliban leaders".

True, the Obama Administration has taken the Bush War on Journalism to a whole new and disturbing level, but essentially he's simply continuing --- arguably, fulfilling --- the long-stated, long-supported-by-the-Right positions of the previous Administration. And they are the exact same positions they supported even just a year or two ago when calling for the prosecution of Assange!

It's a pretty clever win-win scam by the Right, in truth. Slam Obama as being "soft on national security!", and then yell and scream about it (justifiably so, in this case) when he takes action to prevent leaks "in the name of national security".

In an update to his full story, Greenwald added the following thoughts along with a short Meet the Press video from 2006 that you need to see. While watching it, please note how favorite Rightwing/Bush Administration son Bill Bennett was pushing for everything that the Right and Fox "News" now claim to be outraged about today. (They really should be outraged about it today, by the way. But they should have been equally outraged about it back when they and Bennett were actually arguing in support of heading straight down the slippery slope we are now gliding down at breakneck speed)...

UPDATE 5/24/2013: BRAD BLOG commenter "Billy" has made a serious charge that Greenwald was "lying" in his column cited above. I've asked Greenwald for a response to that charge and have now posted it here.

Moreover, this additionally disturbing information about the Rosen case has just been reported today...

As we noted last week was likely to be the case, when the entire Republican state Senate GOP caucus came on board in support, today marriage equality became the law of the land in Rhode Island.

We'll let Fox "News" tell you about it, since it surely pains them to do so.

RI becomes the 10th state in the union to allow gay couples to enjoy the same constitutionally-protected equal rights to marriage as everyone else.

Our condolences to all of the straight couples in those states who have had their marriages destroyed because of it.

Nearly a quarter century has passed since the U.S. Supreme Court, in Symm vs. United States, ruled that college students had a right to treat their dorms as their residence for voting purposes. It's a fact which Republicans seem to find very inconvenient --- especially given the fact that, in 2008, the youth vote, heaviest in precincts where college campuses are located, favored Barack Obama over John McCain by a two-to-one ratio. The numbers were similar against Mitt Romney in 2012.

Thus, in 2011, despite the fact that his investigation failed to establish a single instance of voter fraud by any student, Maine's Republican Secretary of State Charlie E. Summers sent an intimidating letter to lawfully registered student voters seeking to convince them to "cancel" their voter registration where they go to school.

"Back in February," of this year, writes Laura Conaway at Maddow Blog, "an Indiana Republican proposed revoking the right for students to register at their colleges. After college Democrats and Republicans in Indiana joined in pushing back, the sponsor promised to amend her bill so that it would be constitutional, by which she meant dropping the idea."

Not to be outdone, this month three North Carolina Republican State Senators have introduced the appropriately numbered S666, which would strip the right of the parents of students from claiming a personal state tax exemption, which ranges from $2,000 - $2,500, if the student lawfully uses their dorm as their residence for voting purposes.

A related bill, S667, deceptively titled the "Equalize Voter Rights" act, would also strip tax exemptions for parents whose student children fail to register their car at the same place they register to vote. According to WRAL, "That also could cut down on college student registration, since many students maintain their vehicle registration in their home counties."

As the state's Democratic House Minority leader notes, both bills "would raise taxes on middle-class families who are trying to put their children through college." But, apparently Republicans are now in favor of tax increases, at least in NC, as long at it might help curb the increase in the youth vote seen over the last several elections.

But what may be most troubling of all, is that it seems the esteemed GOP state Senators in NC must be entirely unaware of the provisions of the 24th Amendment which, long ago, outlawed all poll taxes.

On paper, Donald B. Verrilli, Jr., who was appointed by President Barack Obama to replace now Supreme Court Justice Elana Kagan as the U.S. Solicitor General, appears to be an experienced litigator with a distinguished background.

It is a background that includes having served as a law clerk for former U.S. Supreme Court Justice William Brennan, Jr. and having participated in over 100 cases before the U.S. Supreme Court. However, Verrilli's participation in Supreme Court oral arguments --- earlier with respect to the Affordable Care Act (ACA, or "ObamaCare") and, recently, in the challenge to Section 5 of the Voting Rights Act, as well as U.S. v. Windsor, with respect to the Defense of Marriage Act (DOMA) and in Hollingsworth v. Perry pertaining to California's Proposition 8 --- raises some disturbing questions.

Either Verrilli lacks the professional competence to assume primary responsibility for supervising and conducting litigation on behalf of the U.S. Government before the Supreme Court, or Verrilli, and the Obama administration, are so politically fearful of staking out principled positions that they have opted for a muddled middle ground. Perhaps it's a little of both.

Regardless, if the Windsor and Hollingsworth cases should establish a constitutional right of same-sex couples to marry, as urged by attorneys Ted Olson (R) and David Boies (D) in their Prop 8 Supreme Court brief [PDF], it will be despite the half-baked arguments presented by the Solicitor General, not because of them...

In 2004, in one of our earliest posts on this site (our 15th, in fact) we declared "gay marriage" to be a "done deal".

Six years later, in late 2010, after a number of good court decisions in the week or two prior, largely in regard the military's now-defunct discriminatory "Don't Ask Don't Tell" (DADT) policy, we wrote:

Well, as of this week, it looks like "the bad guys" finally have noticed and are in the process of coming to terms with it...