Attorney: Spy chief had 'forgotten' about NSA program when he misled Congress

Director of National Intelligence Jim Clapper wasn’t lying when he wrongly told Congress in 2013 that the government does not “wittingly” collect information about millions of Americans, according to his top lawyer.

He just forgot.

“This was not an untruth or a falsehood. This was just a mistake on his part,” Robert Litt, the general counsel for the Office of the Director of National Intelligence, said during a panel discussion hosted by the Advisory Committee on Transparency on Friday.

“We all make mistakes.”

The comments add to the years of criticism that Clapper has received for his testimony in the 2013 Senate Intelligence Committee hearing.

In the public session, longtime surveillance critic Sen. Ron Wyden (D-Ore.) 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.”

Just a few months later, however, leaks from Edward Snowden proved Clapper wrong. As documents released by Snowden made clear, the NSA collects records about millions of Americans’ phone calls under a program the government has said is authorized by Section 215 of the Patriot Act.

After the fact, Clapper has said that his statement was the “least untruthful” possible answer, given the secrecy of the program at the time.

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USA Freedom Act: Just Another Word For Lost Liberty

[Infowars] Apologists for the National Security Agency (NSA) point to the arrest of David Coleman Headley as an example of how warrantless mass surveillance is necessary to catch terrorists. Headley played a major role in the 2008 Mumbai terrorist attack that killed 166 people.

While few would argue that bringing someone like Headley to justice is not a good thing, Headley’s case in no way justifies mass surveillance. For one thing, there is no “terrorist” exception in the Fourth Amendment. Saying a good end (capturing terrorists) justifies a bad means (mass surveillance) gives the government a blank check to violate our liberties.

Even if the Headley case somehow justified overturning the Fourth Amendment, it still would not justify mass surveillance and bulk data collection. This is because, according to an investigation by ProPublica, NSA surveillance played an insignificant role in catching Headley. One former counter-terrorism official said when he heard that NSA surveillance was responsible for Headley’s capture he “was trying to figure out how NSA played a role.”

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Jeb Bush praises Obama for continuing NSA metadata surveillance

President Barack Obama isn’t likely to hear many kind words from Republicans looking to succeed him in office. However, former Florida Gov. Jeb Bush is praising him for continuing a controversial surveillance program.

Considered a frontrunner for the GOP’s 2016 presidential nomination, Bush recently said that Obama’s decision to keep in place the National Security Agency’s ability to monitor metadata – information such as when a phone call was made, who it was made to and how long it lasted – has helped keep the United States safe.

Bush made the comment on Tuesday while appearing on “The Michael Medved Show,” a nationwide radio program, after he was asked what the “best part” of the Obama presidency has been.

“I would say the best part of the Obama administration would be his continuance of the protections of the homeland using the big metadata programs, the NSA being enhanced,” Bush said.

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NSA, FBI scramble as post 9/11 Patriot Act surveillance authorization set to expire

[The Guardian] With about 45 days remaining before a major post-9/11 surveillance authorization expires, representatives of the National Security Agency and the FBI are taking to Capitol Hill to convince legislators to preserve their sweeping spy powers.

That effort effectively re-inaugurates a surveillance debate in Congress that has spent much of 2015 behind closed doors. Within days, congressional sources tell the Guardian, the premiere NSA reform bill of the last Congress, known as the USA Freedom Act, is set for reintroduction – and this time, some former supporters fear the latest version of the bill will squander an opportunity for even broader surveillance reform.

Republican leaders of the House intelligence committee arranged for NSA and FBI representatives to hold secret briefings for members of Congress on Tuesday and Wednesday. Staff did not name the officials addressing legislators.

The classified briefings come amid an unsettled surveillance debate in Congress that rushes up against an unforgiving deadline. On 1 June, Section 215 of the Patriot Act, which permits US law enforcement and surveillance agencies to collect business records, expires.

Section 215 is the authority claimed by the NSA since 2006 for its ongoing daily bulk collection of US phone records revealed by the Guardian in 2013 thanks to leaks from whistleblower Edward Snowden. While the Obama administration and US intelligence agencies last year supported divesting the NSA of its domestic phone metadata collection, a bill to do so failed in November.

But the FBI and its supporters fear that the expiration of Section 215 will cut deeper than the loss of bulk collection. The FBI is warning that it will lose access to investigative leads for domestic terrorism and espionage, such as credit card information, hotel records and more, outside normal warrant or subpoena channels.

While the briefings were not described as a platform for defending the controversial Section 215, they “offer an important opportunity to hear directly from analysts and operators who use Section 215 as part of their daily mission to protect the Nation from terrorist attacks,” according to an announcement for legislators sent by intelligence committee chairman Devin Nunes and Georgia Republican Lynn Westmoreland and obtained by the Guardian.


“Our questions about constitutionality and legality were answered with statements of efficacy. We said, ‘How can this possibly be legal?’ and they would say, ‘this program works great, here’s how it’s helping us catch terrorists,’” Representative Thomas Massie, a Kentucky Republican, told the Guardian.Civil-libertarian members who attended left unsatisfied.

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