“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.
(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.
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