The National Security Agency is still struggling to explain what many denounced as the uncharged act of perjury by Director of National Intelligence James Clapper in denying the existence of the secret NSA surveillance program targeting the communications of all Americans. If you recall, the first explanation by Clapper was that his denial was an intentional act to pick the “the least untruthful” statement to answer the question. Then, National Intelligence general counsel Robert Litt (left) insisted that Clapper “misunderstood” the question. Now, Litt is changing spins and saying that Clapper merely forgot about the massive surveillance system. It was not only massive but recently declared illegal, as some of us have long maintained. It is the latest chapter in America’s Animal Farm as average citizens are criminally charged with small discrepancies in statements to investigators while people like Clapper and David Petraeus and Sandy Berger are protected from serious repercussions for alleged criminal acts.
Putting aside the shifting explanations, what does it say about the alleged importance of this program that Clapper could not even recall its existence? Every American was subject to this program but it simply was not important enough for Clapper to recall.
As noted earlier, people like Clapper are often given questions or subjects in advance of testimony. This question was given to Clapper the day before the hearing.
No one seems to have noticed the change in explanation. You may recall that when Clapper appeared before the Senate, he was asked directly, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” Clapper responded, “No, sir. … Not wittingly.” Later, Clapper admitted to giving a false answer to Congress but explained that his testimony was “the least untruthful” statement he could make. Yet, of course, that would still make it an untrue statement — which most people call a lie and lawyers call perjury. Indeed, when Roger Clemens was prosecuted for untrue statements before Congress, he was not told of the option to tell the least untrue statement on steroid use.
Then came the misunderstood spin from Litt, who seems to confuse his position as general counsel with being defense counsel. Now, Litt is insisting that Clapper just forgot: “It was perfectly clear that he had absolutely forgotten the existence of the 215 program. . . . We all make mistakes.” Yes, just like the massive illegal surveillance program itself.
So it is not “perfectly clear” that Clapper forgot after it was “perfectly clear” that he lied to protect classified information or it was “perfectly clear” that he “misunderstood” the question. Indeed, that prior “perfect understanding” came from Litt himself who now perfectly understands that it was not the reason. In one year, it will be perfectly understood that the hearing and the answer never occurred.
That is why we call it a more perfect union.
http://www.hasjamesclapperbeenindictedyet.com/
Good post. I agree again with Justice Holmes. Well said. Perjurers from positions of power, especially those from position of power, should be prosecuted. But, hey, we don’t prosecute torturers or those who authorized it, nor do we prosecute those who commit fraud if they are a bankster or work on Wall St. (I miss Eliot Spitzer. At least he tried.)
Do you want to know how you can make a million dollars and not pay any taxes?
First….you make a million dollars.
Then…you don’t pay any taxes!
It’s that simple – you make a million dollars and then you don’t pay any taxes. You see there? Pretty simple plan!
So you ask, what do you do then, if the tax man comes to your door and asks you, ‘Why did you make a million dollars and not pay any taxes?’ And do you know what you tell him?
‘I forgot.’
That’s it – ‘I forgot.’
See, it’s not that hard at all, you too can make a million dollars and not pay any taxes.
(thanks Steve Martin)
“Why is this perjury uncharged?” Why indeed Karen. Why does HSBC get a hand slap for laundering a billion plus in cartel drug money and a plebe having sex on a beach get 15 years in prison?
Where is Russ Feingold? His voice was greatly needed the past 7 years.
Why is this perjury uncharged? Why are government officials above the law?
The law would apply to everyone in government if we demanded it to. If millions of Americans marched in protest every time a government official egregiously breaks the law, and has no consequences, then we would see accountability in government.
What have we, the people, done about all the lies and scandals of this administration? Nothing. Why does Hillary Clinton glibly wave off the outrage that she erased her emails in defiance of the State Department and a subpoena? Because she is a consummate politician who knows without a doubt that absolutely nothing will happen to her when she breaks the law.
This is the final stop before the 5th. ‘I don’t recall.’ Designed by lawyers, used by criminals of all ilks. Regardless of political affiliation, people in positions of trust have this exit strategy. Perhaps it is time to redesign this part of the legal system. Imagine if a suspect was forced to tell the truth, to answer the question, to be held accountable. Rick Scott would be in jail where he belongs, along with a lot of other crooks and liars.
Just because we hold it sacred does not mean it’s right. Americans need to rethink a few of the basics.
No money in politics
No back door out of justice
No acceptance of the obviously stupid and insulting answers
“I wasn’t there. I wasn’t in LA. I wasn’t in NY. I wasn’t in SF. There fore I was someplace else. If I was someplace else I could not have been there. Right?”
This actually works.
I don’t want to seem aloof, but none of this is surprising in light of the obvious fact that Congress and the President are and have always been controlled by the elite class bent on maintaining its status (i.e., assets) through deception and repression of the cattle in the stockyard. It’s nice to see the blood curdling in others though. It’s obviously outrageous conduct that should not go unpunished, but bidness is bidness.
Mr, Litt’s explanation is, in the immortal words of Click and Clack, BO-OGUS.
Justice, We know Clapper is a liar from his testimony under oath in front of the Senate. That was under oath.
There is is simply no penalty for lying in this administration and it starts with Obama, We are sliding down a slippery slope, Wake up and repent beware your lies will find you out.
Ditto Justice Holmes. Do you mean “fit for duty?”
Who is Clapper hanging out with lately?
Often I have written off the Obama change in positions since entering office as attributable to his being privy to highly classified information which one sees from that high perch. Okay, I can handle it. Over time, however, he appears not to be mindful of the disconnect from the pledges he made which gained confidence of voters who elected him. How did we get from there to here? Then, my muttering brain wondered if he has fallen victim to some Pavlov dog syndrome where agency folks have the doggie biscuits. Maybe he will write a memoir someday!
Proving once again that “Hope” is not a strategy for “Change”.
“Oh, you mean *that* surveillance program! You guys really need to be more specific, I’m a busy man.”
And why is the MSM not covering this? My senators loves surveillance, I can only guess what surveillance has shown in their lives that they would support such a system.
@ Justice Holmes: Thanks for your response. It would have been mine, except you said it better.
Culture of mendacity in Washington.
Odd as it sounds, when you have a lot on your plate you can forget important things. I once forgot a procedure that I signed off on. 😉
If Mr. clapper is that forgetful about the projects and programs under his control, he is a dangerous to the country and should be immediately retired on disability. He simply isn’t as the British say “fit for purpose”.
Having said that, I do not beleive he forgot. He lied. The Administration approved his lie and has continued to cover it up. It is appalling how the Obama administration, the one who said he would change everything, continues to beleive that laws do not apply to them in the same way the Bush Adminstration did.