Clapper, you may recall, unequivocally said “no, sir” in response to Sen. Ron Wyden, D-Ore., asking him: “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” Clapper’s response was shown to be a lie by Snowden’s disclosures, as well as by reports from the Guardian, the Washington Post, the Associated Press and Bloomberg News (among others). This is particularly significant, considering lying before Congress prevents the legislative branch from performing oversight and is therefore a felony.
Notice this statement from Sen. Wyden about Snowden’s disclosures — a statement, mind you, that the Post didn’t reference in its story yesterday (emphasis added):
“One of the most important responsibilities a Senator has is oversight of the intelligence community. This job cannot be done responsibly if Senators aren’t getting straight answers to direct questions. When NSA Director Alexander failed to clarify previous public statements about domestic surveillance, it was necessary to put the question to the Director of National Intelligence. So that he would be prepared to answer, I sent the question to Director Clapper’s office a day in advance. After the hearing was over my staff and I gave his office a chance to amend his answer.
So Clapper had a full day’s notice of the specific — and impossible to misunderstand — question Wyden asked, and is nonetheless now claiming that in the heat of the moment he spontaneously misunderstood the question. In other words, he’s not coming clean, as the Post story seems to imply. On the contrary, he’s lying about his deliberate lie, which should only make a perjury prosecution that much easier, for it shows intent.
The importance of such a perjury prosecution, of course, should not be lost on our constitutional law professor-turned-president.
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