Glenn Greenwald: Top Officials Are Lying to Our Faces About Government Spying
The US National Security Agency (NSA) at Fort Meade, Maryland.
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The NSA revelations continue to expose far more than just the ongoing operations of that sprawling and unaccountable spying agency. Let's examine what we have learned this week about the US political and media class and then certain EU leaders.
The first NSA story to be reported was our June 6 article which exposed the bulk, indiscriminate collection by the US Government of the telephone records of tens of millions of Americans. Ever since then, it has been undeniably clear that James Clapper, the Director of National Intelligence, outright lied to the US Senate - specifically to the Intelligence Committee, the body charged with oversight over surveillance programs - when he said "no, sir" in response to this question from Democratic Sen. Ron Wyden: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?"
That Clapper fundamentally misled Congress is beyond dispute. The DNI himself has now been forced by our stories to admit that his statement was, in his words, "clearly erroneous" and to apologize. But he did this only once our front-page revelations forced him to do so: in other words, what he's sorry about is that he got caught lying to the Senate. And as Salon's David Sirota adeptly documented on Friday, Clapper is still spouting falsehoods as he apologizes and attempts to explain why he did it.
How is this not a huge scandal? Intentionally deceiving Congress is a felony, punishable by up to 5 years in prison for each offense. Reagan administration officials were convicted of misleading Congress as part of the Iran-contra scandal and other controversies, and sports stars have been prosecuted by the Obama DOJ based on allegations they have done so.
Beyond its criminality, lying to Congress destroys the pretense of oversight. Obviously, members of Congress cannot exercise any actual oversight over programs which are being concealed by deceitful national security officials.
In response to our first week of NSA stories, Wyden issued a statementdenouncing these misleading statements, explaining that the Senate's oversight function "cannot be done responsibly if senators aren't getting straight answers to direct questions", and calling for "public hearings" to "address the recent disclosures," arguing that "the American people have the right to expect straight answers from the intelligence leadership to the questions asked by their representatives." Those people who have been defending the NSA programs by claiming there is robust Congressional oversight should be leading the chorus against Clapper, given that his deceit prevents the very oversight they invoke to justify these programs.
But Clapper isn't the only top national security official who has been proven by our NSA stories to be fundamentally misleading the public and the Congress about surveillance programs. As an outstanding Washington Post article by Greg Miller this week documented:
"[D]etails that have emerged from the exposure of hundreds of pages of previously classified NSA documents indicate that public assertions about these programs by senior US officials have also often been misleading, erroneous or simply false."
Please re-read that sentence. It's not just Clapper, but multiple "senior US officials", whose statements have been proven false by our reporting and Edward Snowden's disclosures. Indeed, the Guardian previously published top secret documents disproving the claims of NSA Director Gen. Keith Alexander that the agency is incapable of stating how many Americans are having their calls and emails invaded without warrants, as well as the oft-repeated claim from President Barack Obama that the NSA is not listening in on Americans' calls without warrants. Both of those assertions, as our prior reporting and Miller's article this week demonstrates, are indisputably false.