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US spy chief had 'forgotten' about NSA program

Director of National Intelligence James Clapper speaks at the Council on Foreign Relations on March 2, 2015 in New York City. (AFP photo)

The head of the US intelligence agencies “forgot” the truth when he wrongly told Congress that the government did not deliberately collect information about millions of Americans, according to his top lawyer.

James Clapper made a “mistake” during his testimony at a Senate Intelligence Committee hearing in 2013 when he said the National Security Agency (NSA) does not “wittingly” spy on domestic phone calls, Robert Litt, the general counsel for the Office of the Director of National Intelligence, said Friday.

“This was not an untruth or a falsehood. This was just a mistake on his part,” Litt said during a panel discussion hosted by the Advisory Committee on Transparency.

During the 2013 Senate hearing, Senator Ron Wyden, a longtime surveillance critic, had asked Clapper whether or not the NSA collected “any type of data at all on millions of Americans.”

“No sir,” Clapper responded. “There are cases where they could inadvertently perhaps collect, but not wittingly.”

However, NSA whistleblower Edward Snowden proved Clapper wrong just a few months later with his vast leaks to the media about the agency’s widespread spying programs.

According to documents leaked by Snowden, the NSA has been collecting the phone records of millions of Americans and foreign nationals as well as political leaders from around the world.

Snowden’s disclosures have led to a global uproar. His release of NSA files has been called the most significant leak in US history.

Robert Litt said that Clapper did not have a chance to prepare an answer for Wyden and forgot about the phone surveillance program when asked about it.

“We were notified the day before that Senator Wyden was going to ask this question and the Director of National Intelligence did not get a chance to review it,” he said.

“He was hit unaware by the question,” Litt added. “After this hearing I went to him and I said, ‘Gee, you were wrong on this.’ And it was perfectly clear that he had absolutely forgotten the existence of the 215 program.”

AHT/HRJ

 

 


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