[ED NOTE: An abridged version of this article was republished by the Ventura County Star on 8/17/2013.]

On Aug. 1, my Congressional Representative, Julia Brownley (D-CA-26), forwarded a letter to me in response to a query as to why she was amongst those responsible for the recent narrow defeat (205 - 217) of Amash-Conyers, a bi-partisan amendment to the Department of Defense Appropriations bill that would have brought an abrupt halt to the NSA's warrantless blanket collection of Americans' phone records.

The response did not address the actual substance of Amash-Conyers. Instead, her complaints about the measure were procedural, as she explained...

While there's some legitimacy in Brownley's objection to an arbitrary 15-minute time limit for debate on such an important matter, the issue is not as "complex" as the first-term Congresswoman characterizes it. The one paragraph amendment, and its implications --- unlike the PATRIOT Act, FISA and the opaque secret interpretations of those laws she was effectively voting to keep in place, as is --- were fairly straightforward, in fact...

From Matt Sledge at HuffPo...

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On this week's BradCast on KPFK/Pacifica Radio, I covered both the nation's most extreme voter suppression law in North Carolina (and the facts behind its passage) and the precedent setting verdict in the Bradley Manning case.

But at the heart of it all is something else --- a primal, patriot scream perhaps, as exemplified by the arrest of 83-year old Robert Plummer, Jr. at the state capitol in NC last week (Plummer is a Korean War hero who was also arrested on the Edmund Pettus Bridge with Martin Luther King on Bloody Sunday in Selma, AL during the 1965 march for voting rights, and by the arrests of 80- and 85-year old Joan and Tom Kemble for singing in the Wisconsin state capitol in the same dark week.

The Kembles joined me live on the show to talk about their arrests at the daily sing-along that has been going on every day since Gov. Scott Walker's radical anti-union bill was passed two years ago, and to sing a song or two before their next trip to the pokey for peacefully singing in protest to petition their government for redress of grievances. (Please help all of the WI arrestees pay their legal bills and fines at SolidaritySingAlong.org!)

As usual, there was much more, including Desi Doyen and the latest Green News Report, in between. I hope you'll give it a listen. I think you'll enjoy it.

Download MP3 or listen online below...

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...

U.S. Army soldier Bradley Manning --- who, earlier this year, was found by the judge in his military trial to have have been illegally punished by the military for months during his captivity --- has just been found not guilty of aiding the enemy, the most serious charge filed against him.

The ruling on that point was predicted by "Pentagon Papers" whistleblower Dan Ellsberg during my KPFK/Pacifica Radio interview with him in late 2010, just after Manning had been fingered as the likely leaker of thousands of classified documents to Wikileaks.

While Manning was acquitted today of "aiding and abetting al-Qaida" --- an unprecedented charge in a leak case --- he may still face more than 100 years in prison for the other charges, including espionage and computer theft, for which the military judge just found him guilty. That, despite the government's "failure to demonstrate even one example of someone who was hurt" by Manning's leaks, as CNN's Jake Tapper just noted. Military convictions for sentences longer than a year receive an automatic appeal.

In January, the judge in the case, Army Col. Denise Lind, ruled that Manning's imprisonment, which included some nine months of solitary, often unclothed confinement for 23 hours a day in a windowless cell, had been "excessive in relation to legitimate government interests". At the time, rather than dismiss all charges as the defense had hoped, she reduced his potential life sentence by 122 days.

In an attempted plea bargain, Manning had confessed to many of the charges he was found guilty of today. Manning had admitted to having leaked reams of classified information to the media, including Iraq and Afghanistan war logs, diplomatic cables, and raw video of U.S. Apache helicopter gunships in 2007 gunning down 11 men in a public square in Iraq. Those killed in the attack included a Reuters journalist and his driver.

The government refused to bargain with the whistleblower, and tried him for aiding the enemy under the Espionage Act nonetheless.

In December of 2010, I discussed Manning's case with Ellsberg, who has some experience in this sort of thing. He seems to have nailed it in his prediction concerning the unfounded allegation that Manning committed treason by aiding the enemy, the most serious charge then alleged against Manning, and the one for which he was acquitted today.

As Ellsberg told me at the time...

• The text transcript and audio from my full December 1, 2010 interview with Daniel Ellsberg is posted here...

UPDATE: Here is the Transcript [PDF] of Manning's judge reading today's verdict on every count against him. Sentencing will take place at 9:30am ET tomorrow morning.

UPDATE 12:31pm PT: Here are a few very quick reactions to the Manning verdict, from ACLU and others, that are worth noting...

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

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...

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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!

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A bi-partisan amendment to the Department of Defense Appropriations bill sponsored by Reps. Justin Amash (R-MI) and former House Judiciary Chair John Conyers (D-MI), was defeated late today in the U.S. House of Representatives. The measure would have brought an abrupt halt to the NSA's warrantless blanket collection of Americans' telephone records. It failed by a narrow margin of 205 to 217.

The Amash-Conyers amendment represented the first Congressional challenge to the NSA's bulk collection of domestic phone records in the wake of recent disclosures by former NSA contractor Edward Snowden. The vote came just one day after a speech by Sen. Ron Wyden (D-OR), who has served on the the U.S. Senate Intelligence Committee since January 2001, in which he not only warned about the unlimited scope of the NSA's ever-expanding surveillance capabilities but the unnecessary development of a secret body of laws that, he argued, threatens to eradicate the very essence of democracy and accountability.

Ironically, NSA Director General Keith Alexander, did his best to underscore Wyden's warnings. Where the Obama administration and other members of both the Senate and House Intelligence Committee publicly lobbied against Amash-Conyers, Alexander scheduled "a last-minute, members-only briefing" to lobby against the measure behind closed doors.

Alexander, whom James Bamford, author of The Shadow Factor: The Ultra-Secret NSA from 9/11 to the Eavesdropping on America, has described as "the most powerful person that's ever existed in the American intelligence community," took pains to insure that his own efforts to privately lobby against this public bill be classified as "Top Secret," thereby precluding public consideration as to the reasons why publicly-elected officials might refuse to rein in unfettered access to the telephone records of millions of law-abiding Americans.

Rather than look at today's vote as a defeat, the ACLU's Michelle Richards told The Guardian's Spencer Ackerman that the vote's narrow margin reflects "a 'sea change' in how Congress views bulk surveillance," describing the bi-partisan debate on the House floor as "a great first step."

Guardian journalist Glenn Greenwald, who originally broke a number of the stories related to Snowden's disclosures, tweeted during the floor debate: "Edward Snowden did what he did to make everyone aware of all this, and to prompt precisely this debate. That was his motive." He also observed this irony, after the House Democratic leadership rallied against the amendment and the measure ultimately went down to narrow defeat: "A majority of Dems supported the Amash/Conyers amendment to defund NSA bulk spying - majority of GOP joined [with the White House]."

UPDATE 7/25/13: According to AP today, Congressional "Opponents of the National Security Agency's collection of hundreds of millions of Americans' phone records insist they will press ahead with their challenge to the surveillance program after a narrow defeat in the House"...

"If we do not seize this unique moment in our constitutional history to reform our surveillance laws and practices, we are all going to live to regret it," Sen. Ron Wyden (D-OR) warned during a lengthy but powerful speech before the Center for American Progress on Tuesday.

In his remarks, Wyden, who has served on the Senate Intelligence Committee since January 2001, left no room for anyone to doubt the liberating impact of the recent revelations by former NSA contractor Edward Snowden. For years, Wyden said, he had wanted to expose the extent to which the Executive Branch of our government and the leaders of the "intelligence community" had deceived the public about the NSA's domestic surveillance programs, but, due to Senate's rules in regard to classified material, he was "not even allowed to tap the truth out in Morse code."

That roadblock has been removed. "The disclosures by an NSA contractor lit the surveillance world on fire," Wyden told the assembled students, journalists and policy wonks yesterday. "Several provisions of secret law that were secret were no longer secret, and the American people were finally able to see some of the things we [he and Sen. Mark Udall (D-CO)] had been raising the alarm about for years."

That alarm centered not only on the unprecedented extent of the NSA's still-expanding, domestic surveillance capabilities but also, as he explained, on the unnecessary and dangerous, post-9/11 development of a secret system of laws that threatens to eradicate the very essence of democracy and accountability.

These provisions, he warned, allow "the Executive to secretly follow a secret interpretation of the law under the supervision of a secret, non-adversarial court and occasional secret Congressional hearings"...

I've always wondered why non-Rightwing Christians have allowed Rightwingers to take "God" and "Jesus" as their own, particularly since progressive principles are far more in line with those said to be the teachings of Jesus.

The folks in North Carolina --- who are now under siege by Republican control of both congressional houses and the governorship for the first time in 150 years --- have been going about reclaiming the moral high ground with a series of massive (and growing larger) "Moral Monday" protests at the state house, so far resulting in about 900 arrests for civil disobedience as of this week's twelfth consecutive Monday protest.

The protests are being held by a wide coalition of groups in response to the radical Republican legislation --- much of it written out of state by the Koch-funded corporatist lobby, the American Legislative Exchange Council (ALEC) --- meant to see the state government shut down women's health clinics, cut education funding and, of particular note, suppress voters by truncating early voting, ending Sunday voting, banning NC's successful Election Day registration program, instituting tax penalties to parents whose children vote at their college residences, and by putting in place draconian polling place Photo ID restrictions. (See Ari Berman today at The Nation for more on the NC Republican's attempt to institute all of these "extreme voter suppression measures".)

At Salon, Kristin Rawls explains that the "Moral Monday" protests in NC, "that include support for LGBT and abortion rights", seem to be "confounding to the Tea Party", but not to the many groups of faith (as well as "atheists, agnostics and members of other faiths in attendance every week") who are finally taking back the moral high ground from the Rightwing hypocrites who have claimed it, but never earned it, for so much of the past decade.

It's an interesting read, and an interesting phenomenon that, Rawls notes, "is supported by a 150-organization coalition spearheaded by the NC-NAACP that includes everything from Occupy Raleigh to Planned Parenthood-NC to the NC Association of Educators."

Her point about why the voter suppression laws Republicans are now trying to pass are so important for the NC GOP radicals, is explained in this key passage...

Eight top election officials from Clay County, KY previously found guilty in a massive vote buying and selling conspiracy --- which prosecutors charged had been run over several decades and included the manipulation of electronic voting machines in 2006 --- have had their convictions overturned and a new trial ordered by a panel on the U.S. 6th Circuit Court of appeals.

The eight co-conspirators --- which included the County Clerk, a Circuit Court Judge and the School Superintendent, among others --- had previously been sentenced to a total of more than 156 years in federal prison following their 2009 arrest and 2010 trial and conviction over fraud carried out in the 2002, 2004 and 2006 elections.

The BRAD BLOG had covered the arrest, trial, defendent flipping, conviction and sentencing of the Clay County, KY election fraudsters in some detail over the years as each step was happening.

The group had been found guilty of complex, endemic vote buying and selling schemes carried out over many elections over several years, often meant to game the Republican primary elections in the very rural, very poor, Republican area of the Bluegrass State in a location where winning the GOP primary was usually a guarantee for also winning the general election.

The schemes became more sophisticated over the years, according to prosecution evidence and cooperating witnesses, including in 2006 when poll workers participating in the conspiracy were said to have changed the votes cast by voters on touch-screen voting machines after they'd left the "booth" on Election Day. (The same 100% unverifiable touch-screen systems, the ES&S iVotronic, which allowed for the manipulation of votes in Clay County, are still in widespread use across the country today.)

Evidence presented during the trial also included testimony that one of the defendants, Circuit Court Judge R. Cletus Maricle, said to have been one of the scheme's main ringleaders, used his position as a judge to convince a woman, whose brother was a defendant before his court, to change her voter registration from Republican to Democratic so that she could serve as a "Democratic" poll-worker during elections there and take part in the scheme.

Over all, during the original trial, the prosecution had presented a remarkably wide-spread conspiracy taking place over many elections, with hundreds of thousands of dollars spent to buy votes and manipulate results, year after year, election after election, by highly-placed election official insiders --- precisely the type of folks who those concerned about the manipulation of elections, particularly via computer manipulation, frequently warn about. At the end, the officials placed on trial were all found guilty and sentenced to an average of about 20 years apiece.

So, why did the U.S. 6th Circuit Court of Appeals overturn the original convictions this week, and remand the case for a new trial?...

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