"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...
"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...
That said, given this "Catch Me If You Can" international chase, this may be one (very brief) moment, in which I can (for now) forgive the mainstream corporate media for their breathless worldwide, man-of-mystery manhunt coverage. Snowden's Run is, after all, just one helluva good thriller story.
The New York Times' David Carr described it this way: "[A]s Edward J. Snowden made his way across the globe with a disintegrating passport and newly emerged allies, Twitter was there, serving up a new kind of chase coverage, with breathless updates from hovering digital observers speculating about the fleeing leaker’s next move. All day Sunday, it was like watching a spy movie unfold in pixels, except it was all very real and no one knows how it ends."
What is impossible to forgive, however, is another sideline distraction to the substance of Edward Snowden's disclosures that happened on Sunday, though it's a disturbingly important one that needs more light amidst the other, thrilling, if less important distractions. This part of the story came via the national embarrassment otherwise known as NBC's Meet the Press with David Gregory, when the titular host suggested that Guardian journalist Glenn Greenwald, who helped break many of the Snowden disclosures, had "aided and abetted" the former NSA contractor, and should, therefore, be "charged with a crime" himself.
Gregory's friendly help to the U.S. Government's surging War on Journalism was echoed again today, by yet another supposed journalist, when Andrew Ross Sorkin, a financial columnist for the national embarrassment otherwise known as the New York Times, offered (also on live television) that he would "almost arrest" Greenwald in addition to Snowden...
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):
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!
Over the weekend, they published a conversation with three NSA whistleblowers (and one from DoJ) from during the Bush era. They all laud the latest NSA contractor-turned-whistleblower Edward Snowden for coming forward with his leaks, and say that "he succeeded where we failed" in getting the attention of the public as to what, they say, is going on, and the concerns about secret data gathering operations that the public need to be aware of.
"They say the documents leaked by Edward Snowden ... proves their claims of sweeping government surveillance of millions of Americans not suspected of any wrongdoing," as USA Today describes the conversation. "They say those revelations only hint at the programs' reach."
Here is just the very beginning of the conversation...
Q: Did Edward Snowden do the right thing in going public?
William Binney: We tried to stay for the better part of seven years inside the government trying to get the government to recognize the unconstitutional, illegal activity that they were doing and openly admit that and devise certain ways that would be constitutionally and legally acceptable to achieve the ends they were really after. And that just failed totally because no one in Congress or — we couldn't get anybody in the courts, and certainly the Department of Justice and inspector general's office didn't pay any attention to it. And all of the efforts we made just produced no change whatsoever. All it did was continue to get worse and expand.
Q: So Snowden did the right thing?
Binney: Yes, I think he did.
Q: You three wouldn't criticize him for going public from the start?
J. Kirk Wiebe: Correct.
Binney: In fact, I think he saw and read about what our experience was, and that was part of his decision-making.
Wiebe: We failed, yes.
Jesselyn Radack: Not only did they go through multiple and all the proper internal channels and they failed, but more than that, it was turned against them. ... The inspector general was the one who gave their names to the Justice Department for criminal prosecution under the Espionage Act. And they were all targets of a federal criminal investigation, and Tom ended up being prosecuted — and it was for blowing the whistle.
Earlier this week, CNN's Anderson Cooper interviewed The Guardian's Glenn Greenwald about the baseless claim made by Rep. Peter King (R-NY), on Fox "News", that Greenwald was "threatening to disclose" the identities of covert American CIA operatives.
Cooper and Greenwald then discussed the claim that American national security has been harmed by the disclosures made by Snowden, and why both citizens and journalists should never merely accept, at face value, such claims from public officials...
ANDERSON COOPER: King also says that you should be prosecuted because of what you've already published, saying it puts American lives at risk…When Wikileaks released huge amounts of information…a lot of people said, you know, "They had blood on their hands. Julian Assange has had blood on his hands." But then U.S. officials privately admitted to people in Congress and even publicly that even though the revelations were embarrassing, were a problem, that they couldn’t name anyone who really had lost their lives because of it. So now, when people are saying that you have put American lives at risk, do you believe that at all?
GLENN GREENWALD: No. And Anderson, that point that you just made, in my opinion, is really the crucial point, for anybody listening, to take away. Every single time the American government has things that they’ve done in secret exposed or revealed to the world and they're embarrassed by it, the tactic that they use is to try and scare people into believing that they have to overlook what they have done --- they have to trust American officials to exercise power in the dark, lest they be attacked; that their security and safety depend upon placing this value in political officials. And I really think it’s the supreme obligation of every journalist and every citizen when they hear an American official say --- 'this story about us jeopardizes national security' --- to demand specifics; to ask, what exactly it is that has jeopardized national security.
King's blatant lies about Greenwald ought to underscore his point that such officials are not to be merely trusted.
Video of Anderson Cooper's 6/12/2013 interview of Glenn Greenwald follows below...
There's a reason I argued we are now living on Planet Partisan the other day. In what is now, apparently, our continuing series on partisans attempting to justify their all-new positions on the massive, secret, US national security surveillance state by completely ignoring and/or reversing their very strong previously held positions, we first had...
EXCLUSIVE: Legendary 'Pentagon Papers' whistleblower offers frank comment on the NSA whistleblower; the dangers of our privatized surveillance state; the failure of Congressional oversight; and journalists 'discrediting their professions'...
"I know the capacity that is there to make tyranny total in America," Church said, "and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return."
On Wednesday, during a fascinating interview on The BradCast on KPFK/Pacifica Radio, Ellsberg said directly, in the wake of Snowden's disclosures: "We're in the abyss. What he feared has come to pass."
The Guardian has asserted that former NSA contractor Edward Snowden "will go down in history as one of America's most consequential whistleblowers alongside Daniel Ellsberg and Bradley Manning," do it seemed the perfect time to chat with Ellsberg about all of this.
He offered a number of thoughts about Snowden himself, from one of the few people in the world who may have real insight into what the 29-year old leaker must be thinking and dealing with right about now, and why he may have chosen to both leave the country and then come out publicly. He describes Snowden as "a patriotic American, and to call him a traitor reveals a real misunderstanding of our founding documents."
"What he has revealed, of course, is documentary evidence of a broadly, blatantly unconstitutional program here which negates the Fourth Amendment," Ellsberg said. "And if it continues in this way, I think it makes democracy essentially impossible or meaningless."
As usual, Ellsberg pulled no punches in his comments on the dangers of our privatized surveillance state; the failure of our Congressional intelligence oversight committees (which he describes as "fraudulent" and "totally broken"); and on those who have been critical of Snowden and of Glenn Greenwald, the journalist from The Guardian who has broken most of the scoops on Snowden's leaked documents.
He said that folks like attorney Jeffrey Toobin at the New Yorker and author Thomas Friedman at New York Times and Senator Dianne Feinstein "are being very strongly discredited," by their attacks on Snowden. "The criticisms they're making, I think, are very discreditable to them in their profession," he says.
And, while answering to my request for a response to Josh Marshall's recent piece at TPM, in which Marshall weights his own conscience on this matter and frankly revealing his natural tendency to support the government over whistleblowers in cases like this, Ellsberg was particularly pointed. "Marshall has a lot to be said for him as a blogger," he said, before adding: "I think what he said there is stupid and mistaken and does not do him credit." He went on to describe some of Marshall's comments as "slander" against Snowden.
One other point that merits highlight here for now, before I let ya listen below. The difference between Ellsberg's circumstances and those in play today.
Ellsberg noted that after leaking top secret Defense Department documents to the New York Times in 1971, detailing how the Johnson Administration had lied the nation into the Vietnam War, President Nixon, at the time, ordered a break-in of his psychiatrist's office and discussed having Ellsberg "eliminated".
"All the things that were done to me then," he noted chillingly, "including a CIA profile on me, a burglary of my former psychiatrist's office in order to get information to blackmail me with, all of those things were illegal, as one might think that they ought to be."
"They're legal now, since 9/11, with the PATRIOT Act, which on that very basis alone should be repealed. In other words, this is a case right now with Snowden that shows very dramatically the dangers of that PATRIOT Act, used as it is. So the fact is, that all these things are legal. And even the one of possibly eliminating him"...
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!...
Just a quick note to mention that, after several weeks of the latest KPFK/Pacifica Radio fund drive, The BradCast will be back LIVE today (6p ET/3p PT), and my guest will be the leaker of the Pentagon Papers, the legendary whistleblower Daniel Ellsberg.
Seeing as how The Guardian has asserted that former NSA contractor Edward Snowden "will go down in history as one of America's most consequential whistleblowers alongside Daniel Ellsberg and Bradley Manning," it seems a good time to chat with him about all of this.
You can listen LIVE to the show at 3p PT/6p ET on air at 90.7FM in Los Angeles (and other points of the terrestial dial around southern California), as well as via the TuneIn radio app, or streaming at KPFK's website. (The show is also now heard on the Progressive Voices channel on TuneIn at 6p ET on Saturdays and Sundays as well, btw!)
I also wanted to take a second to publicly thank Kevin D'Haeze of the video production house Rock Island Media for answering our public request for help in creating a new logo for The BradCast! You can see it up above.
Kevin's work, creativity and patience with my ridiculous requests was exemplary during the entire process. I'm endlessly grateful, and couldn't recommend him or his production house any more. For an idea of what they do to actually make a living, check out their website and cool promo video below...
Thanks again, Kevin! And now...since crowd-sourcing worked so well on this one...if anyone out there feels like helping me out with some serious WordPress programming (not just template design!) please let me know that as well!
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 severaloccassions, 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.