Will James Clapper Be Imprisoned For Lying To Congress?
By Chriss Street
“Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?, he answered “No, sir.” Astonished by the response, Oregon Democrat Senator Ron Wyden sought clarification: “It does not?” Clapper replied: “Not wittingly. There are cases where they could, inadvertently perhaps, collect—but not wittingly.” But documents recently leaked by former NSA analyst and America’s number one fugitive, Edward Snowden, demonstrate Clapper “knowingly and willfully” gave false testimony to Congress. Clapper has since admitted he testified in the ‘least untruthful manner’ he could think of” and he was “too cute by half.” Although James Clapper has confessed to several criminal offences, there is little chance he will be prosecuted.
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Snowden’s revelations over the
last three weeks, outraged media on both the left and right have demanded that
Clapper be immediately fired and prosecuted for perjury. On Thursday, a
bipartisan group of 26 Senators, including Senator Wyden wrote a letter asking
to James Clapper for “clarification” in his testimony to understand if the
Obama Administration is relying on a “secret body of law” to collect massive
amounts of data on US citizens. The letter also complained that Administration
witnesses made misleading statements and demanded the Director answer a series
of specific questions on the scale and legal justification for domestic
surveillance. Although the letter screams potential prosecution, Congress
seldom punishes liars with criminal indictments.
Last October, Attorney General
Eric Holder appeared to knowingly and willfully lie when he told the House of
Representative’s Oversight Committee that he did not know exactly when he first
learned of the “Fast and Furious” gun-walking program and again when he
recently testified to the House Judiciary Committee he never targeted
journalists in leak investigations. Former IRS Director, Douglas H. Shulman
also appears to have lied to a number of Congressional committees when he
testified that there had been no targeting by the IRS against political
organizations for 501(c)(4) tax exempt status.
Before anyone can be charged
with criminal lying, the Congressional committee involved must formally vote to
refer the matter to the United States Attorney for the District of Columbia for
prosecution for perjury; obstruction of justice and false statements. But these
charges require the following findings:
(a.) The General Perjury
Statute (18 USC 1621) elements of the crime: “A witness testifying under oath
or affirmation violates this section if she gives false testimony concerning a
material matter with the willful intent to provide false testimony, rather than
as a result of confusion, mistake, or faulty memory.” Each of these elements
must be proven beyond a reasonable doubt, which can be extremely challenging.
(b.) The General Obstruction Statute (18 USC 1505) defined “corruptly” as: “acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.” Proving a defendant’s state of mind when lying was “intentional and improper,” is legally very difficult.
(c) The General False Statement Statute (18 USC 1001), makes a crime to “knowingly and willfully” (1) falsify, conceal, or cover up by any trick, scheme, or device, a material fact; or (2) make any materially false, fictitious, or fraudulent statement or representation; or (3) make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. The challenge is to prove the defendant acted “knowingly and willfully”, plus prove statements false.
Since there have only been 6
people convicted for lying to Congress since the 1940s, very few criminal
referrals are ever made by Congress. The most recent case was prosecution of
Major League Baseball Hall of Fame pitcher Roger Clemens for supposedly lying
to Congress about taking performance-enhancing drugs in 2008. Clemens pleaded
not guilty to the charges. But prosecutorial misconduct led to a mistrial and
he was acquitted in a second trial on all six counts of lying to Congress.
Clapper’s public admission
that he lied to Congress reduces the prosecutorial “burden” to prove “falsity
and state of mind” and could serves as a confession that he violated all three
criminal statutes. But given Edward Snowden’s exposures that Senate leaders
also lied about snooping to the American, it is unlikely there will be any
criminal referral of Clapper. With his public reputation in tatters, James
Clapper will probably retire on a pension paid be taxpayers, and then make big
bucks working for a Washington DC “beltway bandit” to sell over-priced
consulting to the U.S. military-intelligence-complex.
CHRISS STREET & PAUL
PRESTON Present:
“The Agenda 21 Radio Talk Show”
Broadcasting Across the United States and Canada
Monday through Friday 10 AM to Noon
Streaming on: http://www.kcnr1460.com/
“The Agenda 21 Radio Talk Show”
Broadcasting Across the United States and Canada
Monday through Friday 10 AM to Noon
Streaming on: http://www.kcnr1460.com/
Follow Blogs: www.chrissstreetandcompany.com & www.agenda21radio.com