Congress, Constitutional Law, Courts, Criminal law, Media, Politics

NSA Now Claims DNI Director Clapper Merely Forgot About Massive Surveillance System Targeting Millions of Citizens

Robert-Litt220px-James_R._Clapper_official_portraitThe 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.

49 thoughts on “NSA Now Claims DNI Director Clapper Merely Forgot About Massive Surveillance System Targeting Millions of Citizens”

  1. Max:

    “It really is a criminally corrupt form of Government we have…
    … When lawmakers allow political elites to lie to them under oath and do nothing about it.

    In America there are TWO SETS OF LAWS:
    The first set is used to defend the political elite FROM prosecution…
    … The second set is used to prosecute Just-US!”

    One way for thee, another for me. With that kind of power, any political party in office will run amuck.

    But we are letting this happen with our jaded attitude towards politics and government employees.

  2. Max – the level of NSA spying on the American people is chilling. The NSA and the IRS have become political weapons against the American people. Even the DOJ is now politicized and above the law.

    Watergate seems so tame by comparison – bugging an opponent’s office.

  3. The U.S. Department of Justice has a duty to indict or appoint a special prosecutor. DOJ agencies themselves were complicit in many of these crimes violating their oath of office.

    If the DOJ refuses to indict, a federal judge (Judicial Branch) could appoint a special prosecutor. The Executive Branch DOJ seems unable to police it’s own Executive Branch agencies at the federal level, only the Judicial Branch can provide real checks & balances.

    1. If that excuse works let me know. Never know when it may come in handy.

  8. Where is Goldman Sacks when you need these people? If they want you arrested, you get arrested:

    “The most troubling part of the allegations in the lawsuit is the speed with which the FBI accepted what Marino says were bogus allegations by Goldman Sachs. The lawsuit charges that on July 1, 2009, Goldman Sachs made “the patently false allegations” that Aleynikov had stolen the entire platform “of confidential, trade secret computer source code” which Goldman Sachs used to conduct its high frequency trading; that the code was worth a billion dollars, and that the stolen code could be used to “manipulate markets in unfair ways” unless the FBI immediately arrested Aleynikov. The FBI did just that two days later, raising alarms as to the thoroughness of their own investigation.

    Marino sums up this conduct in the lawsuit as follows:

    “The unconstitutional malicious prosecution of Aleynikov was designed not to serve the interests of justice but to curry favor with an influential corporation intent on punishing one of its most talented officers who chose to leave the firm and, in the process, sending a message to other employees and prospective employees that Goldman Sachs is willing and able to use the American criminal justice system as its own private enforcement arm.”

    There are many other reasons to question the coziness of Wall Street with law enforcement, not the least of which is the fact that it co-staffs a high-tech surveillance center with the New York Police Department in lower Manhattan and has, at least in the past, been allowed to rent uniformed cops with the power to arrest from the NYPD.”

    http://wallstreetonparade.com/2015/05/does-wall-street-call-the-shots-at-the-fbi/

    P.S. Agree entirely and well stated JH!!!

  9. BarkingDog,
    The only thing missing was the grandma with the video camera…

  10. It really is a criminally corrupt form of Government we have…
    … When lawmakers allow political elites to lie to them under oath and do nothing about it.

    In America there are TWO SETS OF LAWS:
    The first set is used to defend the political elite FROM prosecution…
    … The second set is used to prosecute Just-US!

    Well, at least Clapper wasn’t caught having sex on a beach somewhere because we all know THAT will get you 15 years…

  14. “A body of men holding themselves accountable to nobody ought not to be trusted by anybody.” – Thomas Paine

  15. Anon, karma. At least he was only injured, but his luck won’t hold out forever.

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