Skip to content

It almost seems like half a lifetime ago, but only a half-decade has passed since James Clapper lied to Ron Wyden about the NSA's domestic collections. Wyden pointedly asked Clapper during an intelligence committee hearing whether or not the NSA was collecting "any type of data at all" on American citizens. Clapper gave two answers, both untrue: "No, sir" and "Not wittingly."

A couple of months later, the first Snowden leak -- detailing massive amounts of call data being captured in the Section 215 dragnet -- undid Clapper's careful, under-oath lies. Since then, nothing has happened. The DOJ refused to investigate Clapper for lying to his oversight. Clapper exited office a few years later, becoming a go-to national security expert for a variety of news programs. He has since offered a variety of excuses for lying, but none of them are particularly good.

As of March 12, the clock has run on perjury charges. James Clapper has violated federal law and gotten away with it.

Clapper, director of national intelligence from 2010 to 2017, admitted giving “clearly erroneous” testimony about mass surveillance in March 2013, and offered differing explanations for why.

Two criminal statutes that cover lying to Congress have five-year statutes of limitations, establishing a Monday deadline to charge Clapper, who in retirement has emerged as a leading critic of President Trump.

Some members of Congress had called for charges to be brought against Clapper, but they seemed based more on Republicans' newfound distrust for the "Deep State" than an honest desire to see a federal lawbreaker brought to justice. One of the reps, however, has held steady in his calls for Clapper's prosecution for the entirety of the last half-decade: James Sensenbrenner.

"Political consideration should not affect the Department of Justice from pursuing this matter,” Rep. James Sensenbrenner, R-Wis., said ahead of the deadline. “Complete and truthful testimony is imperative for Congress to conduct effective oversight. It is clear from the evidence and Director Clapper’s own admission that he lied.

Both the DOJ and James Clapper have refused to comment on the issue. Presumably, both entities are happy the deadline came and went without further development. The "no comment" responses allow both to avoid discussion of the DOJ double standards. But this non-prosecution shouldn't pass without notice.

Jesselyn Radack, a defense attorney who represents Snowden and fellow NSA whistleblower Thomas Drake, however, takes a dim view of Clapper being let off the hook.

“It shows that government officials in positions of power can lie with impunity to Congress and the American people about outrageous abuses, but when ordinary citizens like Reality Winner reveal the truth about the same abuses, they face espionage charges and prison," Radack said, referring to the NSA contractor charged last year for sending the Intercept a report on Russian attempts to hack election systems.

Most people who lie to Congress won't have the luxury of exiting their current positions gracefully before popping in cable newsrooms all over the nation. But Clapper is one of the special ones -- the ones who won't be held accountable because the government takes care of its own, especially when dubious, Congress-approved surveillance programs are in the mix.

By: Ben Weigarten of The Federalist

If we are a nation of laws and not of men, and if we believe in equal justice for all and special privileges for none, then our government has a funny way of showing it. As the Washington Examiner reports, the five year statute of limitations on perjury and/or false statement charges that could have been brought against former Obama administration Director of National Intelligence (DNI) James Clapper have now expired.

Clapper’s offending statements made in March 2013 concerned his denial of any National Security Agency (NSA) bulk data collection program, which was soon after exposed by Edward Snowden.

While giving congressional testimony under oath, Clapper responded untruthfully to a question from Democratic Sen. Ron Wyden about whether the NSA “collect[ed] any type of data at all on millions, or hundreds of millions of Americans.

“No, sir,” he asserted. “Not wittingly.”

Clapper would later admit in a written statement that his response was “clearly erroneous,” and that he “simply didn’t think of Section 215 of the Patriot Act,” the provision covering the NSA’s bulk metadata collection. During an MSNBC interviewhowever, he suggested that his statement during congressional testimony was the “least untruthful” he could make in the face of a “When are you going to … stop beating your wife kind of question.”

bipartisan cadre of officials would press for charges to be brought by the Justice Department under two administrations, to no avail.

Predictably, in spite of the media’s supposed devotion to truth in defense of our democracy (to this author’s dismay, never our republic), and its historic sensitivity to the concealment of civil-liberty infringing acts of the state, nary a peep has been raised regarding the Justice Department’s unwillingness here to mete justice.

Why did the Justice Department sit on its hands?

Liberal constitutional law professor Jonathan Turley, writing in a January 2018 editorial anticipating this outcome, suggests that in Washington, D.C. “perjury is not simply tolerated, it is rewarded. … In a city of made men and women, nothing says loyalty quite as much as lying under oath.” Buttressing his argument, Turley cites a 2007 study indicating that dating back to the 1940s, all of six people have been convicted of perjury or related charges for lying to Congress.

In the run-up to the Justice Department’s decision to bring no charges, Republican Sen. James Sensenbrenner, the author of the original Patriot Act, stated, “Political consideration should not affect the Department of Justice from pursuing this matter.”

That Sensenbrenner invokes the scepter of politics here raises a big red flag about the state of our system of justice.

Consider the counterexample to the longtime Obama DNI chief in President Trump’s short-time National Security Advisor.

Prior to President Trump’s inauguration, then-deputy attorney general Sally Yates suggested that Lt. Gen. Michael Flynn may have violated the Logan Act — a law against private citizens engaging foreign officials to influence and/or undercut extant policy in disputes with the U.S., under which no American has ever been successfully prosecuted — over conversations Flynn had with foreign counterparts, including Russian Ambassador Sergey Kislyak during the Trump transition period.

Mere days after Flynn assumed office, then-acting attorney general Yates directed the Federal Bureau of Investigation (FBI) to interview Flynn, purportedly pursuant to her Logan Act concern. What Flynn said during this conversation would serve in large part as the basis for his prosecution under the Robert Mueller special counsel.

Flynn made several remarks that allegedly conflict with evidence the federal government collected in surveilling the conversations of foreign officials, including the aforementioned Kislyak. According to Flynn’s guilty plea, he made false statements and/or omissions regarding:

  1. A conversation with Kislyak asking him to “refrain from escalating the situation in response to sanctions that the United States had imposed against Russia”
  2. Calls made to foreign officials regarding an anti-Israel UN Security Council Resolution on which the Obama administration abstained rather than seeking to defeat — the Mueller team alleged Flynn directed counterparts to vote against or delay the resolution, while Flynn allegedly claimed he simply asked for his counterparts’ position on it
  3. Documents filed with the Foreign Agents Registration Act in connection with a project undertaken by Flynn’s then-consulting company during the 2016 campaign season for the benefit of the Republic of Turkey

Taken as a whole, some of Flynn’s words and actions may have been ill-conceived or reflected poor judgment, though calling foreign counterparts during a transition period is certainly reasonable and customary. But charges were not brought against any of the actions themselves. Rather, Flynn pled guilty solely to process crimes.

Former federal prosecutor Andrew McCarthy makes a compelling case that the use of the Logan Act as the basis for the investigation into Flynn that teased out such crimes in and of itself was unjustifiable, not only because of the “highly dubious” nature of the law itself, but because of the guidelines FBI Director James Comey had set with respect to non-pursuit of charges relating to Hillary Clinton’s email server.

Beyond whether Flynn should have been investigated in the first place, several months after Flynn submitted his guilty plea, the Washington Examiner’s Byron York reported that then-FBI Director Comey in a March 2017 meeting with lawmakers claimed that the FBI agents who interviewed Flynn did not believe Flynn had lied to them or that inaccuracies in his answers were intentional.

The judge presiding over Flynn’s case was recused shortly after the guilty plea was submitted, replaced by a new judge who has asked the Mueller special counsel to produce for Flynn’s team the evidence “favorable to” Flynn and “material” to Flynn’s “guilt or punishment.” Sentencing has been postponed until May.

Whether this means Flynn may ultimately have reason to vacate his guilty plea or not, the process alone has served as a punishment, not only in at least indirectly costing Flynn his job, but also in tarnishing his career and financially crippling him.

In sum, under the pretext of a law under which no American has ever been prosecuted and as part of a special counsel based on a counterintelligence investigation under which contrary to rules and regulations no crime was specified, a national security advisor pled guilty to process crimes largely based on a conversation with FBI officers which the bureau at the time actually deemed truthful or at worst unintentionally inaccurate — all under a process that has destroyed Flynn’s life.

Clapper has faced no repercussions for lying under oath.

Is the Justice Department adhering to a double standard?

Both men served at the highest levels of the intelligence community (IC) in the Obama administration, with Flynn leading the Defense Intelligence Agency (DIA) and Clapper heading the DNI. Flynn challenged the administration in which he served, and the prevailing views within its national security and foreign policy apparatus, specifically over ISIS.

The DIA issued a classified report in 2012 foretelling the rise of a Sunni jihadist-led Islamic State across parts of Iraq and Syria. While the Obama administration was arguing that al-Qaeda was “decimated,” and “on the run,” Flynn’s DIA was predicting the growth of a new jihadist state led in part by Al-Qaeda in Iraq.

Flynn told The New York Times in 2015: “This particular report, this was one of those nobody wanted to see … It was disregarded by the White House … It was disregarded by other elements in the intelligence community as a one-off report. Frankly, at the White House, it didn’t meet the narrative.”

In February 2014, a month after President Obama called ISIS the “JV team,” Flynn told the Senate Armed Services Committee that ISIS would likely “attempt to take territory in Iraq and Syria to exhibit its strength in 2014, as demonstrated recently in Ramadi and Fallujah, and the group’s ability to concurrently maintain safe havens in Syria.” Here again, Flynn’s assessment proved accurate, but in conflict with what the administration he served was communicating, to its political detriment.

Obama fired Flynn soon after, citing his “chaotic” approach to management, his “aggressive push for changes” within the DIA, and “temperament issues.”

During the 2016 election, Flynn jumped on the Trump train. Those in the national security and foreign policy establishment must have been aghast. Hundreds of such prominent individuals who had served administrations across the political aisle signedletters opposing then-candidate Trump. One can imagine their horror in seeing Flynn on the stage yelling “Lock her up” with respect to former Secretary of State Hillary Clinton, and serving as the right hand man for the candidate seemingly repudiating everything for which they stood.

As former President George W. Bush speechwriter Mark Thiessen observed following Flynn’s appointment, ex-Obama administration officials lamented the selection of Flynn as National Security Advisor above all other appointments. None of this can be said of Clapper, who remained steadfastly loyal to the institutions he served, and has frequently challenged Trump.

It was Clapper’s DNI that oversaw the intelligence assessment made in conjunction with the NSA, FBI and Central Intelligence Agency asserting that Russia had sought to help Trump in the 2016 election, to the president’s great consternation.

Clapper has stated that President Trump’s rhetoric on Russia “poses a peril to this country,” and that Vladimir Putin is “handling” President Trump like an “asset.” He has suggested that the firing of FBI Director Comey was tantamount to obstruction, and suggested in front of a foreign audience that Watergate pales in comparison to Russiagate.

Clapper has also expressed fears over the president’s access to nuclear codes and questioned his fitness for office.

He espouses these critical views as a paid contributor for Trump’s chief media adversary in CNN, an outlet to which we now find out Clapper may have leaked information on his classified briefings with then-President-elect Trump and President Obama on the Steele dossier in early 2017.

Flynn flouted the political establishment in the most flagrant of ways. Clapper has remained a member in good standing.

Could this in part explain the disparate treatment of these two IC fixtures by a Justice Department still in large part comprised of individuals averse to the anti-establishment president under whom they serve?

To the degree to which politics influences legal decisions made regarding high-ranking government officials — as Sensenbrenner implies — it perverts a justice system that no man is supposed to be above. Our political system and its institutions lose their legitimacy when officials are judged according to different standards. The law must be applied fairly and equally if it is to have any meaning at all. Moreover, to the extent to which the law is a deterrent, if not applied fairly and equally, it may incentivize future misbehavior among individuals who believe they will be protected by being “team players.”

Of all of the things that cause a loss of confidence in and respect for our political system, perhaps the most pernicious is the idea that the game is rigged. The only way to change this perception is for our justice system to demonstrate it is grappling with it through consistent principled action.

By: James Joyner of Outside the Beltway

Then-Director of National Intelligence James Clapper lied to Congress five years ago. The statute of limitations ran out yesterday without him being charged.

Washington Examiner (“James Clapper avoids charges for ‘clearly erroneous’ surveillance testimony“):

Former intelligence chief James Clapper is poised to avoid charges for allegedly lying to Congress following five years of apparent inaction by the Justice Department.

Clapper, director of national intelligence from 2010 to 2017, admitted giving “clearly erroneous” testimony about mass surveillance in 2013, and offered differing explanations for why.

The under-oath untruth was exposed by National Security Agency contractor Edward Snowden, who sparked national debate on surveillance policy with leaks to the press.

Two criminal statutes that cover lying to Congress have five-year statutes of limitations, establishing a Monday deadline to charge Clapper, who in retirement has emerged as a leading critic of President Trump.

Many members of Congress, mostly Republicans supportive of new limits on electronic surveillance, called for Clapper to be prosecuted as the deadline neared, saying unpunished perjury jeopardizes the ability of Congress to perform oversight.

“He admitted to lying to Congress and was unremorseful and flippant about it,” Rep. Thomas Massie, R-Ky., told the Washington Examiner. “The integrity of our federal government is at stake because his behavior sets the standard for the entire intelligence community.”

“Political consideration should not affect the Department of Justice from pursuing this matter,” Rep. James Sensenbrenner, R-Wis., said ahead of the deadline. “Complete and truthful testimony is imperative for Congress to conduct effective oversight. It is clear from the evidence and Director Clapper’s own admission that he lied.”

Justice Department spokeswoman Nicole Navas Oxman declined to comment on Clapper or how perjury cases typically would be handled, saying in an email, “No comment or information to be provided.” Clapper, speaking through a spokesman, declined to comment.

Clapper’s problematic testimony occurred a few minutes before noon on March 12, 2013, when he told Sen. Ron Wyden, D-Ore., “No, sir,” and, “Not wittingly,” in response to a question about whether the NSA was collecting “any type of data at all” on millions of Americans. Wyden later said he provided the question to Clapper before the hearing and unsuccessfully asked Clapper to correct the record.

Months later, Snowden revealed in June 2013 that the U.S. intelligence community obtained secret court orders forcing phone companies to turn over millions of U.S. call records on an “ongoing, daily basis.”

Clapper offered at least two different explanations for his inaccurate testimony. In a June 2013 apology letter, Clapper wrote that he gave the “clearly erroneous” answer because he “simply didn’t think of” the call record collection. But in an MSNBC interview the same month, he saidhe chose to give the “least untruthful” answer because he was “asked a, ‘When are you going to stop beating your wife?’ kind of question, meaning not answerable necessarily by a simple yes or no.”

In a January column for USA Today (“James Clapper’s perjury, and why DC made men don’t get charged for lying to Congress“) Jonathan Turley argued:

The expiration of the statute of limitations for Clapper will have the benefit of conclusively establishing that some people in this city are above the law. In a 2007 study, author P.J. Meitl found that “[a]lmost no one is prosecuted for lying to Congress.” Indeed, he found only six people convicted of perjury or related charges in relation to Congress, going back to the 1940s.

The problem is not that the perjury statute is never enforced. Rather it is enforced against people without allies in government. Thus, Roger Clemens was prosecuted for untrue statements before Congress. He was not given the option of giving the “least untruthful” answer.

Another reason for the lack of prosecutions is that the perjury process is effectively rigged to protect officials accused of perjury or contempt before Congress. When an official like Clapper or Nielsen is accused of lying to Congress, Congress first has to refer a case to federal prosecutors and then the administration makes the decision whether to prosecute its own officials for contempt or perjury. The result has almost uniformly been “declinations” to even submit such cases to a grand jury. Thus, when both Republicans and Democrats accused CIA officials of lying to Congress about the torture program implemented under former president George W. Bush, not a single indictment was issued.

For Clapper, the attempt to justify his immunity from prosecution has tied officials into knots. After Clapper lied before Congress and there was a public outcry, Clapper gave his “least untruthful answer” justification. When many continued to demand a prosecution, National Intelligence general counsel Robert Litt insisted that Clapper misunderstood the question. Still later, Litt offered a third rationalization: that Clapper merely forgot about the massive surveillance system. That’s right. Clapper forgot one of the largest surveillance (and unconstitutional) programs in the history of this country. Litt did not explain why Clapper himself said that he knowingly chose the “least untruthful answer.” Litt added, “It was perfectly clear that he had absolutely forgotten the existence of the … program … We all make mistakes.” Of course, this “mistake” was an alleged felony offense.

Clapper will establish a standard that will be hard to overcome in the future. He lied about a massive, unconstitutional surveillance program and then admitted that he made an “untruthful” statement. That would seem to satisfy the most particular prosecutor in submitting a case to a grand jury, but this is Washington.

As I argued in an August 2013 essay for The National Interest (“Clapper’s Bodyguard of Lies“) lying was likely his best option.

By its very nature, a culture of misinformation follows a culture of secrecy as night follows day. As Churchill understood, questions will come up and misinformation is necessary to divert people from stumbling on the truth.

Indeed, Wyden himself unwittingly demonstrated this recently. He was justifiably upset that Director of National Intelligence James Clapper told him that the NSA was “not wittingly” collecting data on millions of Americans when, in fact, it was and Clapper knew it. That the intelligence community defines “collect” in a different way than the dictionary doesn’t change the fact that Clapper was intentionally trying to hide the existence of the program.

Then again, Wyden should have known better than to ask that question in a public hearing. It would not only have been foolish but illegal for Clapper to acknowledge the existence of a highly sensitive and classified program in that setting. So, Clapper was put in a position where he had to either lie or give an answer that tacitly revealed classified information. (Truthfully denying one program and then giving a “I can neither confirm nor deny” response regarding another makes it rather clear that the second program exists.) Clapper tried to avoid either path by giving an answer that was too cute, seemingly denying the program existed while not quite doing so. That was foolish and he was later forced to apologize.

The bottom line here is that, while some members of Congress are entitled to know what our intelligence community is doing, “Congress” isn’t. Some information is shared only with the chairman and ranking member of the House and Senate intelligence committees. Some is shared with the committees in whole but only behind closed doors, in sessions where they’re sworn to secrecy. Very little information is shared in public hearings and, frankly, we probably shouldn’t put too much in what is.

The bottom line, then, is that Clapper had little choice but to lie to Congress given Wyden’s stupidity in asking that question in open session.

By: Brendan Cullerton of WDJT

Wisconsin Republicans showed a mix of support for former Secretary of State Rex Tillerson, and hope for President Donald Trump's pick to replace him, Mike Pompeo, after Trump fired Tillerson Tuesday morning.

House Speaker Paul Ryan, R-WI, released a statement, saying "I welcome my good friend, Mike Pompeo, as the next Secretary of State. Mike is razor-sharp, a dedicated patriot, and possesses the type of experience that makes him an outstanding choice to be our next top diplomat."

Sen Ron Johnson, R-WI, serves on the Senate Foreign Relations Committee, that will hold a confirmation hearing on Pompeo in April. He sent a statement saying, “Secretary Tillerson served his country admirably in a very difficult job, and I have a great deal of respect for him.”  I look forward to meeting with Director Pompeo to discuss his nomination and learn more about his plans for running the State Department.”

UWM Professor Mordecai Lee said the shift in leadership will dramatically change how the state department operates.

"There's going to be the president, and the secretary of state, sort of really together," Lee said. "And then there's going to be the state department, and the state department is going to have policies, and the president and the secretary are going to have policies, and they might not even jive. In other words, they're sort of cutting the state department out of the action."

Lee says he thinks foreign governments will soon question whether state department foreign agents accurately reflect the views of u-s leadership.

Sen. Tammy Baldwin, D-WI, tweeted out that "The chaotic revolving door in the Trump Administration continues to undermine our national security abroad and here at home."

Rep. Jim Sensenbrenner, R-WI, said Pompeo is "an experienced and poised leader, which makes him an excellent choice for Secretary of State. I congratulate him and look forward to his speedy confirmation by the Senate.”

By: Jessie Opoien of The Cap Times

President Donald Trump's decision to announce tariffs on steel and aluminum imports to the United States last week drew immediate warnings of a trade war by Republican critics. Trump has argued the move is necessary to protect American industries that have been treated unfairly by foreign trade practices. Republican leaders including Gov. Scott Walker have asked Trump to reconsider, or at least modify the proposal to lessen its effects on states like Wisconsin. 

Here is where Wisconsin's congressional delegation stands:

Sen. Ron Johnson (R): Johnson is wary of the move, and wrote a letter to Commerce Secretary Wilbur Ross last week seeking more information and justification for the decision. The senator told WISN-TV's Mike Gousha this weekend that he expects Congress to hold hearings on the policy, which he said is a "risky" one. 

In a CNN interview on Sunday, Johnson said talk of canceling NAFTA and imposing steel tariffs has "interjected uncertainty in the economy where it wasn't necessary.

"I’m really concerned that this is counterproductive," Johnson said.

Johnson said he would support a bill to block the tariffs, but said he didn't believe such an effort could pass the Senate.

Sen. Tammy Baldwin (D): Baldwin signaled some level of support for the policy, but expressed concerns that without an exemption for European countries, Wisconsin could be negatively affected.

"I believe the best way to support Wisconsin workers is to put in place strong Buy America standards, renegotiate a better deal on NAFTA, and take on China’s cheating," Baldwin said in a statement. "The President’s announcement last week sends a strong message to bad actors like China on steel and aluminum and as the nation’s leading paper producer, Wisconsin needs President Trump to do more to target China’s cheating — which has hurt our paper economy and led to layoffs. I also want an exemption for our European trading partners, so Wisconsin’s manufacturing and farming economy isn’t hurt going forward."

House Speaker Paul Ryan (R-1st District): Ryan opposes the president's plan.

"I disagree with this action and fear its unintended consequences. I am pleased that the president has listened to those who share my concerns and included an exemption for some American allies, but it should go further," Ryan said in a statement. "We will continue to urge the administration to narrow this policy so that it is focused only on those countries and practices that violate trade law. There are unquestionably bad trade practices by nations like China, but the better approach is targeted enforcement against those practices. Our economy and our national security are strengthened by fostering free trade with our allies and promoting the rule of law."

Rep. Mark Pocan (D-2nd District): "I have always supported targeted tariffs — especially those as they relate to steel dumping from China and other unfair trade practices — as critical to spurring domestic production and creating middle class jobs," Pocan said in a statement. "Unfortunately, the President arrives at his views on trade very differently than I do. With his mixed messages on trade, it remains to be seen what he will do and whether these tariffs will actually support American workers."

Rep. Ron Kind (D-3rd District): Kind opposes the policy, and urged Trump to use a "scalpel, not a hammer" to pressure China.

"From the car in their garage to the beer in their fridge, Wisconsinites use aluminum and steel every day. The recent uncertainty about new tariffs will cost us jobs, increase the cost of Wisconsin products, and slow our economy," Kind said in a statement. "We should be setting high standards for how we trade with the rest of the world, and should never mirror China's bad behavior in negotiations. The consequence of retaliation would be widespread across the state, and could threaten jobs in industries and businesses Wisconsin is proud of, including Wisconsin dairy, cranberries, breweries and Harley Davidson."

Rep. Gwen Moore (D-4th District): Moore, on Twitter, said a decision like imposing tariffs "requires careful & strategic consideration, not an off the cuff roll-out more worthy of reality TV than the presidency."

"Family-supporting jobs at @MillerCoors & @harleydavidson shouldn't be pawns in Trump's twitter trade war," Moore tweeted.

Rep. Jim Sensenbrenner (R-5th District): "I recognize that we must address the unfair trade practices of foreign countries," Sensenbrenner said in a statement. "However, I have concerns that these broad tariffs will have unintended consequences on manufacturers, businesses, and consumers in southeastern Wisconsin. I urge the President to reconsider."

Rep. Glenn Grothman (R-6th District): A spokesman for Grothman did not immediately respond to a request for comment.

Rep. Sean Duffy: (R-7th District): Duffy is supportive of the move to put pressure on countries that put the United States at a disadvantage, but showed some concerns about the impact of tariffs on Wisconsin.

"American workers produce the best products in the world and will compete with anyone in the world; and they deserve a level playing field. That’s why it’s encouraging to see President Trump put America first and fight for fairer trade," Duffy said in a statement. "Canada in particular has used free trade with the United States to injure Wisconsin dairy farmers at every turn, and I appreciate the President pushing back against their unfair practices. However, I urge the Trump Administration to consider the long-term ramifications of tariffs so that other sectors of our economy are not harmed."

Rep. Mike Gallagher (R-8th District): Gallagher has "serious concerns" with the tariffs, which he said in a statement are "overly broad."

"As history has shown — as recently as 2002 — this type of indelicate protectionism rarely, if ever, works," Gallagher said, adding that reciprocal tariffs from the European Union would hurt Wisconsin businesses and consumers.

"Rather than punishing the Chinese like they were intended to do, I’m afraid these catch-all tariffs will hurt hardworking Wisconsin families and businesses. We need to adjust course instead of potentially decimating local industry in Northeast Wisconsin, like our beer producers and dairy farmers who could effectively be unable to sell their products abroad," Gallagher said.

By: Sam Rolley of Personal Liberty

U.S. spy chief James Clapper is celebrating a happy anniversary this week. It’s been five years since he lied to Congress and the American public about the National Security Agency’s spying activities. Clapper’s off the hook for perjury– and Americans are still largely in the dark about spy agency activities.

On this day five years ago, Clapper lied to the U.S. Select Committee on Intelligence when Sen. Ron Wyden (D-Ore.) asked him if the NSA was collecting information on Americans.

“No, sir. Not willingly,” Clapper said.

Three months later, whistle-blower Edward Snowden would blow the top off the NSA’s warrantless surveillance programs and reveal Clappers big lie.

Clapper would later claim that it was the “least untruthful answer” he could give at the time.

The former top spook’s big lie is a moment in history that many Americans have likely long forgotten– but in Washington, a handful of lawmakers recalled Clapper’s whopper as the Monday deadline to charge him neared.

As reported by The Washington Examiner:

Many members of Congress, mostly Republicans supportive of new limits on electronic surveillance, called for Clapper to be prosecuted as the deadline neared, saying unpunished perjury jeopardizes the ability of Congress to perform oversight.

“He admitted to lying to Congress and was unremorseful and flippant about it,” Rep. Thomas Massie, R-Ky., told the Washington Examiner. “The integrity of our federal government is at stake because his behavior sets the standard for the entire intelligence community.”

“Political consideration should not affect the Department of Justice from pursuing this matter,” Rep. James Sensenbrenner, R-Wis., said ahead of the deadline. “Complete and truthful testimony is imperative for Congress to conduct effective oversight. It is clear from the evidence and Director Clapper’s own admission that he lied.”

Clapper will continue to enjoy his retirement unmolested. But Americans should still use this as a reminder that government– and especially its intelligence agencies–  is far more interested in protecting its agendas than the rights of individual Americans

By: Chris Enloe of the Blaze

James Clapper, who served as director of national intelligence in the Obama administration, gave “clearly erroneous” testimony to Congress about the National Security Agency’s mass surveillance techniques in 2013.

As of Monday, Clapper will face no criminal charges for his testimony.

What happened?

During a March 12, 2013, hearing before the Senate Intelligence Committee, Clapper denied the NSA was conducting mass surveillance and collecting data on millions of Americans.

Sen. Ron Wyden (D-Ore.) asked Clapper: “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

“No sir,” he responded. “Not wittingly. There are cases where they could inadvertently perhaps collect [intelligence], but not wittingly.”

Of course, we now know Clapper wasn’t accurate after Edward Snowden, a former NSA contractor, leaked millions of highly classified documents to show the extent of the NSA’s spying on Americans. Snowden’s stolen records proved that NSA was collecting phone data from Americans on a daily basis.

Clapper excused his inaccurate testimony in a June 2013 apology letter to Congress. He said he gave the “clearly erroneous” answer because he “simply didn’t think of” the phone data collection. He later told MSNBC he gave the “least untruthful” answer because Wyden asked a loaded question.

Despite even admitting his testimony was “erroneous,” Clapper will not face any charges for his testimony.

Why no prosecution?

The Washington Examiner noted that lying to Congress is “rarely” prosecuted, which is exactly what will happen in Clapper’s case.

According to the Examiner, there are two criminal statutes related to lying to Congress and both have a five-year statute of limitations. That means unless the Department of Justice acts Monday morning, Clapper can never be prosecuted for his erroneous testimony.

Mark Zaid, a defense attorney who works on national security cases, explained to the Examiner why Clapper’s case isn’t necessarily “black or white.”

He explained that Clapper “was faced with a difficult choice: Reveal classified information or respond in a [manner] that is not accurate.” And although there isn’t a “specific national security defense” for lying to Congress, Clapper could defend himself by arguing “that he didn’t lie to Congress because that committee knew the information already.”

How does Congress feel?

Lawmakers have said they feel Clapper should be prosecuted.

Rep. Thomas Massie (R-Ky.) told the Examiner: “He admitted to lying to Congress and was unremorseful and flippant about it. The integrity of our federal government is at stake because his behavior sets the standard for the entire intelligence community.”

Rep. James Sensenbrenner (R-Wis.) added: “Political consideration should not affect the Department of Justice from pursuing this matter. Complete and truthful testimony is imperative for Congress to conduct effective oversight. It is clear from the evidence and Director Clapper’s own admission that he lied.”

By: Cathy Kozlowicz of the Waterloo Courier

U.S. Rep. Jim Sensenbrenner hosted a town hall meeting Friday, March 2 at the Waterloo Municipal Building where he addressed the issue of having secure elections.

“I don’t want another country controlling our election,” Carita Rademacher Twinem, who attended the town hall meeting, said. The concern was with Russians trying to control the U.S. elections.

There are charges that allege the Russians created false U.S. media reports and constructed fake social media messages to interfere with the 2016 presidential election.

“Many people get their news on Facebook and often do not know where it is coming from,” Twinem said.

“What are you doing to do so this does not happen in the spring election? The Russians attacked our election, and we have to address it,” Twinem said.

Meddling is designed to change the vote and no one meddled, Sensenbrenner said.

He explained that the Green Party wanted a recall for that same concern. “We had a statewide recount and there was no evidence of that (meddling) happening,” he said. He explained that even electronic machines have paper trails and that according to the constitution, each state has jurisdiction on how its election is handled.

Sensenbrenner acknowledged that cyber security is important for the integrity of elections and other sensitive material. “No one really has the answer,” he said.

A community member also stated that the role of elected officials is to support the common people. “That is why we are here.”

“We do care,” Sensenbrenner said. He explained that he pushed for a bill for the rapid DNA testing for rape victims. “With the technology, this can happen,” he said. “There are things I accomplished that people do not know about.”

Sensenbrenner also discussed some of the concerns with the free and reduced lunch program.

“There is the problem of people who can afford lunch and using the free and reduced lunch program,” he said. He specifically addressed people who may be on this program at a private school. “If parents are paying for tuition, they can afford to pay for lunch,” Sensenbrenner said. “That is wasting taxpayers money.”

He emphasized the purpose of the town meetings. “It should be a discussion of issues,” Sensenbrenner said. “It should not be a shouting match.”

“This was very good. It was a good discussion. I am glad I came,” Twinem said.

Sensenbrenner will hold another town hall meeting in Reeseville Village Hall, 206, S. Main St. Monday, March 12 at 9:45 a.m.

By: Brendan Cullerton of WKJT - Milwaukee

MILWAUKEE (CBS 58) -- President Donald Trump announced Thursday he will impose tariffs of 10 percent on foreign aluminum and 25 percent on foreign steel.

He said it will take at least 15 days for those tariffs to go into effect. Meanwhile, he will negotiate with other countries on how they can avoid the tariff. Lawmakers said that could cause a "trade war," where other countries will place similar tariffs on U.S. goods. Wisconsin cranberries, and Harley-Davidson have been pointed to as potential targets.

Rep. Jim Sensenbrenner, R-WI, said the tax on foreign metal will also make it difficult to overhaul infrastructure in Southeast Wisconsin.

"Many of these projects use specialty steel, which is not produced in enough quantity in the United States. So any type of infrastructure reform is going to be really delayed," Sensenbrenner said.

Rep. Glenn Grothman, R-WI, said it's not just about retaliation tariffs. He's concerned Wisconsin manufacturers will have a tough time paying an increased price for specialty steel, which is not available to purchase domestically.

"Industries that use steel will pay a price," Grothman said. "There are different types of steel. And there are some types of steel that you can't find in the United States."

Senator Ron Johnson, R-WI, said he's concerned enough, that he is looking into measures to take away the presidents power to impose tariffs without approval from Congress.

"We're taking a look at that carefully about to try to reclaim some of those constitutional powers that really should reside within Congress. Something like an approval process, where if the President tries to enact a tariff like this, it would need to come to Congress for final approval."

Johnson said he hopes to have a way to minimize the effect on American businesses by the time the 15 days are over.

By: Siranush Ghazanchyan of Public Radio of Armenia

Five members of the Armenia-U.S. Parliamentary delegation arrived in Washington, DC today for a week-long series of meetings, organized by the Armenian Embassy, with the Congressional Armenian Caucus, Administration officials, think tank and foreign policy experts, and Armenian American leaders, all aimed at strengthening U.S.-Armenia political, economic and military relations, deepening the enduring friendship between the American and Armenian peoples, and encouraging continued constructive engagement by the United States on a range of regional development and conflict resolution priorities, reported the Armenian National Committee of America (ANCA).

The Armenia-U.S. Parliamentary Delegation is headed by Arpine Hovhannisyan, Deputy Speaker of the National Assembly of Armenia and includes Parliamentarians Armen Ashotyan, Edmon Marukyan, Aghvan Vardanyan and Naira Zohrabyan

“We look forward to this week’s historic Armenia-U.S. Parliamentary Friendship Group visit to DC, hosted by the Embassy of Armenia to the United States,” said ANCA Executive Director Aram Hamparian.  “This week in Washington marks Armenia’s political transition to a Parliamentary democracy and a major milestone in the growth of U.S.-Armenia relations.”

“Policy-driven visits afford visiting multi-party Armenian Parliamentary delegations such as this with an excellent ‘deep-dive’ opportunity to explore areas of cooperation with their U.S. legislative counterparts in the Congressional Armenian Caucus and key figures across the Washington, DC foreign policy landscape, while also engaging directly with Armenian American civic and advocacy leaders regarding ANCA’s forward-leaning pro-Armenian/Artsakh advocacy agenda,” concluded Hamparian.

Congresswoman Jackie Speier (D-CA), Co-Chair of the Congressional Armenian Caucus, and one of two U.S. House Members of Armenian descent, welcomed the delegation today, noting, in a statement to the ANCA, “This historic visit is a tribute to our countries’ shared goals for strengthening the close ties that bind Armenia and America together. I very much appreciated the warm welcome that I received while visiting last year, and I look forward to receiving an update on the issues that we discussed – including Armenia’s constitutional and economic reforms. By celebrating our proud heritage and triumphs, as well as sharing our struggles, I’m confident that we will continue on a path of friendship and prosperity for both of our nations.”

Fellow Congressional Armenian Caucus Co-Chair Dave Trott (R-MI), concurred, telling the ANCA, “I would like to welcome the Armenia-US Parliamentary Delegation to our Nation’s Capital. Southeast Michigan is home to a strong and vibrant population of Armenian Americans, and I’m proud to be their voice in Congress.  I look forward to a productive discussion this week regarding Armenia and the United States’ shared interests, and how to enhance our budding relationship. As a co-chair of the Congressional Armenian Caucus, I plan to spend my final year in Congress continuing to expand the United States-Armenian diplomatic, cultural, and economic relationship.”

Rep. Adam Schiff (D-CA), House Select Committee on Intelligence Ranking Democrat and Vice-Chair of the Congressional Armenian Caucus, shared with the ANCA, “I am pleased to welcome the Armenian Parliamentary Delegation, headed by Arpine Hovhannisyan, Deputy Speaker of the National Assembly of Armenia, to Washington, D.C.  This is an important moment to reaffirm the close and enduring friendship between Armenia and the United States. Along with the rest of the leadership of the Congressional Armenian Caucus, I look forward to discussing our shared interests with the Armenian delegation.”

The Congressional Armenian Caucus will be hosting a reception with the Armenia Parliamentary delegation on Wednesday evening, March 7th, from 6:00pm to 8:00pm in the U.S. Capitol at the Visitor Center Atrium.

The Armenia-U.S. Parliamentary Delegation visit follows a Congressional Armenian Caucus visit to Armenia last year by Rep. Speier along with Congressional Armenian Caucus Co-Chairs Frank Pallone (D-NJ) and David Valadao (R-CA) and Representatives Anna Eshoo (D-CA), Tulsi Gabbard (D-HI) and James Sensenbrenner (R-WI).  Representatives Pallone, Valadao and Gabbard also visited the Republic of Artsakh (Nagorno Karabakh), where they reviewed the U.S. funded demining work of The HALO Trust and offered remarks at the Artsakh Parliament in addition to visits with government leaders and various schools and historic sites.