On today's BradCast: That mighty "thud" you heard on Friday morning? It may have been the release by Donald Trump and U.S. House Republicans of their long-awaited, much-ballyhooed, self-generated memo, which they promised would expose "worse than Watergate" crimes and wildly biased partisan "witch hunt" activities by the FBI and DoJ as part of their investigation into whether Team Trump worked with Russia to undermine the 2016 Presidential election. It did none of those things. But it does expose them as hypocrites when it comes to U.S. surveillance policies. [Audio link to show posted below.]

The three-and-half page memo was released on Friday despite the strenuous objections of Democrats and Trump appointees at the FBI and DoJ who shared "grave concerns about material omissions of fact that fundamentally impact the memo's accuracy" before its release. Trump didn't care. The document, made of partial, cherry-picked facts, is meant to suggest the FBI inappropriately obtained a secret warrant (and three renewals for it) from the Foreign Intelligence Surveillance Court (FISC) to spy on Carter Page in late 2016. Page was a Trump campaign volunteer who had long been on the radar of the intelligence community after being cited in intercepts from Russian intelligence agents discussing him as an asset as early as 2013.

The newly declassified memo is the work of U.S. House Intelligence Committee Chair Devin Nunes (R-CA) and his staff, who may or may not have worked with the White House itself on the effort, but it ultimately appears to do little to bolster their argument that Republican Robert Mueller's Special Counsel probe is in some way compromised by Democratic partisans. (Even Shepard Smith of Fox "News" seems to agree.)

It does, however, underscore concerns about the manner in which Foreign Intelligence Surveillance Act warrants are obtained in the secret FISA Court, where there is no adversarial opposition to the secret case offered by the Government. All of which begs the question as to why Nunes himself voted just two weeks ago against FISA reforms advocated by civil libertarians on the Right and Left, and in favor of extending and expanding the controversial surveillance law for another 6 years. It also begs the question as to why Trump signed that FISA extension without reforms to the process that he and Nunes are now claiming to be so troubled by. Again, that was all just two weeks ago! [My conversation on that matter on this show, two weeks ago with former DoJ attorney Elizabeth Goitein --- after Nunes and the House passed the bill, and just before Trump signed it --- is right here.]

Then, as the cable news channels continue to devote nearly 24/7 to political intrigue and food fights, a reminder that a fish rots from the head down. To that end, the petty cruelty of Donald Trump is permeating its way into executive branch agencies, polices and behavior with nowhere near the media sunlight it deserves. We cover a number of the under-reported recent stories of how his cruel, hard-line immigration policies are ripping families apart and hurting real people, right now, and at least one federal judge who drew a hard line in the sand this week against at least one aspect of those policies.

Finally, as promised earlier this week, a disturbing story about Diebold, the makers of ATMs and (formerly) of computer voting, registration and tabulation systems, and a newly-issued warning that their ATMs are being hacked to spit out cash in a scheme called "jackpotting". But while the security built into their machines that contain thousands of dollars of actual cash may not be great, you needn't worry about the security of their systems used to cast and count our votes in at least one-third of the country this year in our upcoming 2018 midterm elections, right? After all, neither Trump nor Nunes nor the rest of the Congressional Republicans appear to be too concerned about it, so why should you be?...

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On today's BradCast, FBI Director James Comey and NSA chief Mike Rogers testified for more than five hours today before the U.S. House Intelligence Committee, confirming the existence of an FBI counterintelligence probe into alleged Russian interference in the 2016 U.S. Presidential election, and batting down charges by President Trump that then-President Obama wiretapped Trump Tower before leaving office. [Audio link to show follows below.]

We're joined by national security journalist Marcy Wheeler of Emptywheel.com for analysis of today's long-awaited public hearing, with a focus on the many still-unanswered questions surrounding the charges of collusion between Trump and Russia and of the leaked classified information documenting a phone conversation between Trump's National Security Advisor Mike Flynn and the Russian ambassador to the U.S. Why was Flynn's part of the conversation captured and transcribed by the Intel Community in the first place, before the content of that discussion, concerning sanctions against the former Soviet Union, was leaked to media? Why wasn't Flynn's side of the discussion "masked" or "minimized", as many Americans believe is the case when it comes to the capture of information from U.S. persons during foreign counterintelligence investigations?

"Since 2008," she explains, "it's been permissible for the FBI, in whatever intercepts they get directly, to be able to go back in and look up stuff without distinction of whether the somebody is a US person or a foreigner. This is why the Republicans are so buggy about this."

"What many people are discovering, for the first time, is that the FBI can do backdoor searches. It means they do not need a warrant...where some analyst in the FBI or the NSA has decided someone is of foreign intelligence interest. The FBI doesn't need a warrant for that at all. They access that stuff without any criminal evidence against Americans. If they get a tip on you, they can look you up by your name, just on that tip alone."

Wheeler goes on to detail the legal statutes on that, the lack of public evidence concerning the alleged "cutout" between stolen DNC emails and WikiLeaks, why it took so long for Comey to inform Congress about his investigation at all (he said it's been under way since last July), questions about whether Trump and others in his Administration are susceptible to compromise by foreign agents, and whether or not she has confidence in the Congressional and FBI investigations into all of these matters.

Also today: Trump's approval rating hits a new low, and a federal appellate court protects a Constitutional right in Mississippi by blocking another GOP attempt to close the state's last remaining abortion clinic...

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