A federal judge has found the bulk collection of metadata of U.S. phone calls to be "indiscriminate" and "arbitrary" and, therefore, in violation of the Constitution's 4th Amendment right against unreasonable search and seizure. His opinion was hailed by former NSA contractor Edward Snowden who has been asserting that point as the central basis for his having leaked thousands of classified documents in regard to programs run by the federal agency.

Politico's Josh Gerstein, who appears to have been the first to break the news today, reports it this way...

Now, Klayman is, in fact, a Rightwing loon who is separately in the process of, literally, attempting to overthrow the U.S. government. But, as journalist Glenn Greenwald --- the man who has been most intensely reporting on Snowden's leaks --- notes today: "the ACLU has a virtually identical lawsuit against the NSA as the one where the judge today ruled against NSA".

Judge Leon went on to write in his scathing opinion...

New revelations and global protests by ordinary citizens and world leaders --- including U.S. allies --- over NSA surveillance, have now settled into an almost daily affair.

In the meantime, during an interview on Democracy Now! this week, journalist Glenn Greenwald offered up an analysis that may help explain what he now describes as an "institutional obsession" with surveillance by the U.S. government.

"If you reveal to populations around the world that their calls are being spied on by the millions, they’ll first wonder, 'Why are my calls of interest to the U.S. government?'," Greenwald observes. "But when it becomes apparent that the United States government is doing this for economic advantage, they start to feel personally implicated, like they’re being actually robbed."

While readers would do well to watch the entirety of the interview (see video below), the analysis offered within by Greenwald is especially poignant because it ties the NSA’s massive surveillance state in many of these foreign countries, not to the prevention of terrorism, but to the seemingly insatiable quest on the part of the U.S.-based, corporate global empire to secure economic advantage...

It was a content packed BradCast this week on KPFK/Pacifica Radio! Listening will make you smarter and a generally better person in every regard.

First up: We were joined up by Francesco Femia of the Center for Climate and Security to discuss the climate change connection to the civil war in Syria and other regions where national security dangers loom, thanks to the "threat multiplier" that is global warming. Femia is the founding Director of D.C.-based think tank with an advisory board of retired senior military officers and national security experts. Fascinating conversation!

Next up: New documents disclosed by Edward Snowden and reported today by The Guardian reveal the NSA's agreement with Israel to share SigInt (signals intelligence) such as phone and email content without removing private metadata and content of U.S. persons first.

Finally (or close to it): The disaster that is SB 360, the CA law passed last week and headed to the Governor for his signature...or veto. SB 360, as The BRAD BLOG reported exclusively earlier this week, will abolish all federal testing of CA's electronic voting systems and even allow the Sec. of State to approve new e-voting systems for use "in a legally binding election" without ever being tested for state certification at all. It's a terrible bill, and we call on Governor Jerry Brown to veto it. You can (and should) too, right here...

Then Desi Doyen joins us for the latest Green News Report, as usual, though not before updating us on her latest Twitter fight with some jackass at CNBC. Enjoy!

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

Despite the U.S. government's inability, during his military trial, to demonstrate any harm to anybody caused by Bradley Manning's leaks, the U.S. Army whistleblower who revealed war crimes and government lies was sentenced today to 35 years in prison.

According to Charlie Savage at the New York Times, "The sentence is the longest ever handed down in a case involving a leak of United States government information to be reported to the public."

Manning, who is now 25-years old, has already served more than three years as he awaited trial. Much of that time was served in solitary, windowless, and often naked confinement 23 hours a day, leading the military judge of his military trial to declare his treatment "excessive". At the time, his potential life sentence was reduced by 122 days. Manning will now be eligible for parole in 9 years, even though the judge acquitted him of the government's most serious charge of "aiding the enemy", which had never before been included in a leak case.

The moment offers another nice opportunity to revisit a promise made by 2008 Presidential candidate (and then President-elect) Barack Obama, to see if he has been able to keep his word any better than the government argued Bradley Manning did, since Obama described whistleblowing at the time [PDF] as "acts of courage and patriotism, which can sometimes save lives" and which "should be encouraged rather than stifled as they have been during the Bush administration"...

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

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

It didn't go well for Toobin...

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

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

It was a very lively show! Enjoy!

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

"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 wish I had seen this on US TV. I wish I had heard about it from a US media outlet.

The grilling seen here, as given to woeful U.S. State Dept. spokesperson Jen Psaki during a daily press briefing earlier this week, came largely from AP's Matthew Lee and CNN's Elise Labott. They, and the others who were not identified in the RT (formerly "Russia Today") YouTube posting description, deserve credit for their persistence...

On this week's KPFK/Pacifica Radio BradCast, it was great to be joined again by former FBI Special Agent, 9/11 whistleblower, TIME's 2002 Person of the Year (and even BRAD BLOG guest blogger) Coleen Rowley.

Rowley filed an op-ed in the New York Times this week with 15 questions for U.S. Senators to ask FBI Director nominee James Comey before deciding to confirm him. Naturally, they asked almost none of them during his oversight hearing on Tuesday, choosing to laud him, for the most part, for his willingness to stand up to Bush and Cheney, one very famous night in 2004, while ignoring the fact that, as the ACLU's Laura Murphy describes it: "Comey...also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention."

As a 24-year FBI veteran, suffice to say, Rowley did not seem impressed with Comey's often contradictory answers --- particularly on mass surveillance and torture --- in the few instances that he was asked tough questions by the Committee. Her insight here is important and very helpful, particularly as the hearing was, incredibly, almost completely ignored by the corporate media entirely.

We also discussed Edward Snowden and the award that her group, Sam Adams Associates for Integrity in Intelligence, an organization of former national security officials, honored the NSA whistleblower with this week, "praising his decision to reveal the extent of U.S. government electronic surveillance of people in the United States and around the world."

After Rowley, we covered the still non-existent "Zombie Voters" in South Carolina; the woman hauled away by cops during her testimony for offering her opinions on the radical anti-abortion bill in the Texas legislature; the student journalists who held NSA recruiters feet to the fire at the University of Wisconsin; and, of course, Desi Doyen joined us for the latest Green News Report. Enjoy!

Download MP3 or listen online below...

BRAD BLOG commenter "Arias" recently asked...

No, we hadn't! But we have now. And it's great listening. Always enjoy citizens smartly challenging authority, even if we actually do feel a bit sorry for the NSA recruiters here. The lousy government policies aren't their fault. Still, it's as close as most Americans are likely to get to trying to see some accountability from "the NSA", and it's great to hear folks standing up, asking tough questions and trying to demand accountability in any way they can.

The Guardian's headline for their coverage is "NSA recruitment drive goes horribly wrong". We'd say it went great!

Here's the sound file...

It's all worth listening to, but some of the "highlights", as selected and transcribed by The Guardian, follow below...

"Pentagon Papers" whistleblower Daniel Ellsberg wrote an op-ed in Sunday's Washington Post explaining why he believes that NSA whistleblower Edward Snowden made the right decision in fleeing the country, rather than staying here and facing charges for leaking classified NSA documents about massive government surveillance programs that he believes to be illegal and/or unconstitutional.

"The country I stayed in was a different America, a long time ago," writes Ellsberg, alluding to his own decision to stay in the country to face charges of espionage (which were eventually tossed out) in 1971 after he leaked thousands of pages of classified Defense Department documents to the New York Times and other media outlets about the purposely deceptive origins of the Vietnam War and lies told by American Presidents to support those deceptions.

"When I surrendered to arrest in Boston," he writes, "having given out my last copies of the papers the night before, I was released on personal recognizance bond the same day."

"For the whole two years I was under indictment, I was free to speak to the media and at rallies and public lectures. I was, after all, part of a movement against an ongoing war. Helping to end that war was my preeminent concern. I couldn't have done that abroad, and leaving the country never entered my mind," he explains.

In the op-ed, the iconic 70's whistleblower goes on to echo several of the points he had previously made during my interview with him in mid-June, just days after Snowden outed himself as the leaker from an undisclosed location in Hong Kong: "There is no chance that experience could be reproduced today, let alone that a trial could be terminated by the revelation of White House actions against a defendant that were clearly criminal in Richard Nixon's era --- and figured in his resignation in the face of impeachment --- but are today all regarded as legal (including an attempt to 'incapacitate me totally')."

"I hope Snowden's revelations will spark a movement to rescue our democracy, but he could not be part of that movement had he stayed here," write Ellsberg, adding that there is "close to no chance that, had he not left the country, he would have been granted bail. Instead, he would be in a prison cell like Bradley Manning, incommunicado."

After Snowden outed himself, Josh Marshall of Talking Points Memo had expressed a thoughtful skepticism of Snowden and his motivations in this affair, though Ellsberg dismissed Marshall's musings as "stupid and mistaken" when I asked him about the comments directly during my interview.

Today, Marshall says, he's "kinda curious" about what Ellsberg meant in his op-ed remark that "The country I stayed in was a different America, a long time ago"...

"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]...

"The TPP is nicknamed 'NAFTA on steroids.'", Rep. Alan Grayson (D-FL) wrote in a recent email to supporters, explaining what he saw after being allowed to review some of the text of the new, extremely broad, and very classified trade agreement being hammered out behind close doors. "Now that I've read it, I can see why," he added.

His email suggests just how far down the secrecy rabbit hole our nation has traveled, not just in our massive classified surveillance state, parts of which are presently being revealed by former NSA contractor turned whistleblower Edward Snowden, but even in our so-called "free trade agreements" being negotiated, supposedly, on our behalf.

As Grayson warned after reviewing part of the new agreement last month: "There is no national security purpose in keeping this text secret...This agreement hands the sovereignty of our country over to corporate interests"...

"Some countries are willing to stand up to the United States right now," Michael Ratner told Amy Goodman earlier this week, as he heaped praise upon Ecuador, the nation which previously granted political asylum to Ratner's client, WikiLeaks founder Julian Assange. Ecuador has defied the U.S. by saying it will consider NSA whistleblower Edward Snowden's request for political asylum.

It is likely that Ecuador is already furnishing Snowden with some level of diplomatic protection. AP reports that, according to WikiLeaks, Snowden was being "escorted by diplomats and legal advisers" during his travels from Hong Kong to Russia last weekend. It seems likely that Snowden was met at Moscow's Sheremetyevo International Airport by Ecuadorian diplomats. A black BMW with diplomatic license plates assigned to the Ecuadorian Embassy was reportedly, waiting at the airport last Sunday in advance of Snowden's arrival.

Ecuador is not the only nation that is unwilling to cooperate, for differing reasons, with an apparently vengeful U.S. government which has sought to make an example of Snowden by charging him with espionage. Some, like Hong Kong, have a longstanding commitment to free speech and the right to due process. Others, like Russia, have an interest in closer political and economic ties to the Bolivarian Alliance for the Americas (ALBA) --- a group of socialist and social democratic Latin American and Caribbean nations that includes three potential Snowden destinations, Cuba, Venezuela and Ecuador.

In all cases, there appears to be a growing revulsion towards the overreach of the NSA's increasingly privatized, "Big Brother"-like intrusions and a growing recognition that the United States has long-since abandoned its mantle as a beacon of democracy and a nation devoted to "equal justice under the law"...

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

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

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