Not so cut and dried. It is well known the NSA eavesdrops on foreign telecommunications and that it is against US law to spy on US citizens. It becomes murky when a foreign national communicates with a US citizen and the NSA records it. They "not wittingly" would record a US citizen.
AI Overview
The question of whether James Clapper lied to Congress about
NSA surveillance is a complex one with differing perspectives. While he initially denied the
NSA collected data on millions of Americans, he later acknowledged this was an "erroneous" statement. Some argue he intentionally misled the committee, while others maintain he made an honest mistake or that the question was intentionally misleading.
Arguments that Clapper lied:
- Conflicting Statements:
Clapper's initial denial of mass data collection contradicts later revelations and leaked documents showing the NSA did collect such data.
- "Not wittingly" qualification:
Some interpret his addition of "not wittingly" as an attempt to evade responsibility.
- Refusal to correct the record:
When asked to correct his statement, Clapper's office initially refused, which some see as further evidence of deception, according to Senator Wyden.
- Potential Perjury:
Some legal experts, like Jonathan Turley, argue that Clapper's statements could be considered perjury.
Arguments that Clapper did not lie:
- Classified Program:
Clapper claimed the surveillance program was classified at the time, and he was constrained in what he could publicly disclose.
- Intent:
Some argue that Clapper's intent was not to deceive but to protect classified information and that the committee was already aware of the program.
- Wyden's role:
Some argue that Senator Wyden's question was designed to expose the program rather than seek information, and that he knew the answer, according to the American Enterprise Institute.
- "Not wittingly" clarification:
Clapper's defenders argue that "not wittingly" was a legitimate qualification, acknowledging the possibility of unintentional collection.
In conclusion:
Whether Clapper lied is subjective and depends on how one interprets his statements and the circumstances surrounding them. Some believe he intentionally misled Congress, while others maintain he made an honest mistake or was constrained by the need to protect classified information.