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 you had read The BRAD BLOG when the Treasury Department's Inspector General's report on the pretend IRS "scandal" came out, you'd already know just about all of this. We tried to tell ya way back then. You see, unlike the rest of the media, it seems, we bothered to actually read that report before reporting on it. For anybody who did the same, the scam should have been pretty clear.

Now we learn that IRS flagged progressive groups for additional targeted scrutiny when applying for tax-exempt status --- just as they did for "Tea Party" groups. But, in the case of progressives, they continued doing so until this month, even after they had stopped flagging "Tea Party"-related groups, according to documents[PDF] released by Democrats on the U.S. House Ways and Means committee on Monday.

That, of course, is why we also described the pretend "scandal", in a subsequent report, as "nearly as phony as the Shirley Sherrod, Van Jones and ACORN 'scandals'".

As the New York Times describes the newly released documents...

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!

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I did a quick hit on Ed Schultz' radio show, which is always fun, on Thursday. The audio is posted below.

Ed seems to be somewhat conflicted on what to make of the Edward Snowden issue. I tried to help unconflict him a bit...

Download MP3 or listen online below [Appx 12 mins]...

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...

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.]

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...

In the wake of the latest revelations of our massive, secret, invasive national security surveillance state, I've been trying to remind folks how we got here, and how it was that many on both the Right and Left --- though far more robustly on the Right --- not only allowed for these outrageous intrusions into the private lives of Americans, but actually supported them, a great deal, for well over a decade.

The hypocrisy of some, particularly those on the Right, to be "outraged" about it all now, is laughable.

Nonetheless, for some of the very important context and backstory about how we got to this place --- and how, in fact, some Democrats tried (and failed) to reign in at least the most unlawful excesses of it (even while some also supported it --- talking to you, Sen. Feinstein & Sen./President Obama) --- Rachel Maddow's piece from last night's show is extremely helpful and educational...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In a white paper issued in March, the California Federation of Labor (CFL) called for reforms to "undo the damage" wrought by SB 899, a California GOP-sponsored workers' compensation "reform" bill that was touted by AP in April 2004 as “one of the biggest victories of [then Gov. Arnold Schwarzenegger's] new political career".

The celluloid action hero insisted the "reform" was necessary to curtail the spiraling costs of workers' compensation insurance for California employers.

As the CFL white paper correctly notes, the rationale behind Schwarzenegger's workers' compensation "reform" legislation was largely a scam. Like so many other investment schemes, the source of spiraling workers' compensation costs can be found in the 1993 deregulation of the insurance industry and a subsequent burst of a workers' compensation insurance investment bubble. Yet, Schwarzenegger refused to include limits on the rates insurance companies could charge employers as part of his "reform" package.

Despite an initial drop in the cost of workers' compensation insurance in California, costs have again climbed --- so much so that, according to a May 15 article that appeared in the Ventura County Star, "the Port of Hueneme is preparing to pay 120 percent more for workers' compensation insurance" in the coming year.

Contrary to the philandering actor-turned-Governor's claims that the savings would not be extracted from the backs of injured workers, SB 899 contained drastic reductions in benefits --- so drastic that, in a 2004 letter published by Los Angeles Times, after pointing out that I had represented litigants in workers' compensation proceedings since 1979 and was regarded by my peers as an exceptionally effective litigator, I warned California employees that if they were injured on the job, God help them because I was not sure I could.

Whatever efforts are now made to "undo the damage" wrought by SB 899, they will come too late for my client, Charles Romano. Thanks to the law's massive reduction in prohibitive penalties that could have been assessed for bad faith refusals to furnish vital, life-sustaining medical treatment --- the new penalties are a drop-in-the-bucket compared to what it had cost to keep him alive --- Charles is no longer with us...

The BRAD BLOG has long detailed the dangers of Vote-by-Mail and absentee balloting, describing the practice as "terrible for democracy," for a number of reasons. Among those reasons are the ease by which absentee ballots can be undetectably gamed, bought or sold, used for intimidation ("Show me that you voted this particular way or you will be fired/beaten, etc.") or otherwise lost in the mail, never added to the optically-scanned computer tally, etc., just to name a few.

Usually when we point these matters out, we'll get some amount of push back, most notably from someone from Oregon, where many voters love their all Vote-by-Mail elections (despite all the dangers, as demonstrated once again by the recent stories out of the state where, in one, a man was convicted of fraud after offering $20 for blank, unvoted ballots prior to the 2012 election, and another where an election official was charged with fraud after it was discovered she was filling in unvoted races in favor of Republicans while processing incoming mailed ballots.)

We'll also get push back, in such cases, from partisans (usually Democrats in heavily "blue" jurisdictions, but also, occasionally from Republicans in heavily "red" jurisdictions) who argue that Vote-by-Mail increases turnout, therefore it is good for democracy, despite all of those dangers which they marginalize as being greatly exaggerated.

We most recently saw this dynamic play out in Colorado, where, as we reported in some detail last week, a sweeping election reform bill is moving through the Democratically-controlled legislature and is likely to land on the Democratic Governor's desk very soon. The ambitious bill does a number of very good things, such as allow voter registration up until the day of the election, and offers other reasonable improvements to elections in the state and voters' accessibility to them. On the other hand, the legislation also would send an absentee/Vote-by-Mail ballot to every single registered voter in the state, whether they actually wanted one or not.

In opposing the bill, Colorado Republicans foolishly focused on the possibility of "voter fraud" via the enhanced voter registration provisions in the bill, which --- though it was crafted in part by the state election clerks' association (which has a majority Republican representation) --- was passed in the legislature along party lines.

What the Republicans failed to highlight --- but certainly should have --- in their attempts to try and defeat the bill, is the massive fraud capacity presented by the insane idea of sending a blank, unvoted absentee ballot to every single voter in the state.

The following news out of Los Angeles this week underscores, yet again, how that sort of thing is an absolute recipe for election fraud disaster...

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IN TODAY'S RADIO REPORT: Senate GOP walks out, obstructs Obama's EPA nominee; OMB says EPA regulations pay off 10 to 1; Honeybee losses accelerate in US while feds stall on action; Another coal export terminal bites the dust in OR; PLUS: Shocker: Consumer Reports has a new all-time favorite car... All that and more in today's Green News Report!

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