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Congressmen Say Clapper Lied To Congress, Ask Obama To Remove Him

Trailrunner7 writes "A group of six Congressmen have asked President Barack Obama to remove James Clapper as director of national intelligence as a result of his misstatements to Congress about the NSA's dragnet data-collection programs. The group, led by Rep. Darrell Issa (R-Calif.), said that Clapper's role as DNI 'is incompatible with the goal of restoring trust in our security programs.' Clapper is the former head of the National Geospatial Intelligence Agency and has been DNI since 2010. In their letter to Obama, the group of Congressmen calling for his ouster said that he lied to Congress and should no longer be in office. 'The continued role of James Clapper as Director of National Intelligence is incompatible with the goal of restoring trust in our security programs and ensuring the highest level of transparency. Director Clapper continues to hold his position despite lying to Congress, under oath, about the existence of bulk data collection programs in March 2013. Asking Director Clapper, and other federal intelligence officials who misrepresented programs to Congress and the courts, to report to you on needed reforms and the future role of government surveillance is not a credible solution,' the letter from Issa, Ted Poe, Paul Broun, Doug Collins, Walter Jones and Alan Grayson says." "Misstatement," of course, being the favorite euphemism for "lie."

90 of 383 comments (clear)

  1. Get Ready by The_Star_Child · · Score: 5, Insightful

    Get ready for the dirt to be spilled on Darrell Issa, Ted Poe, Paul Broun, Doug Collins, Walter Jones and Alan Grayson. What's the over/under on child porn?

    1. Re: Get Ready by Anonymous Coward · · Score: 5, Interesting

      This will just be another example of how de-fanged Congress has become. By all rights clapper should be removed. He lied under oath. Period. But the imperial presidency (which started under Bush and has only grown stronger under Obama) can and will ignore this.

    2. Re:Get Ready by fatphil · · Score: 5, Insightful

      +1 Insightful (got'em, but prefer to reply...)

      I think with what we know about the NSA being able to inject malware onto targets' systems, there's always plausible deniability about anything found on home machines. "The NSA put it there" is now unfalsifiable, and always can be used to plant reasonable doubt. Means, motive, what else do you need?

      --
      Also FatPhil on SoylentNews, id 863
    3. Re:Get Ready by Big+Hairy+Ian · · Score: 4, Funny

      AK-15??? Are you sure?

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    4. Re:Get Ready by cold+fjord · · Score: 4, Interesting

      Get ready for the dirt to be spilled on Darrell Issa, Ted Poe, Paul Broun, Doug Collins, Walter Jones and Alan Grayson. What's the over/under on child porn?

      No, it won't be them. The "dirt," for anyone paying attention, belongs to Wyden.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    5. Re: Get Ready by tripleevenfall · · Score: 5, Insightful

      if Holder still has his job after all the scandal and corruption, the chances a crony holding a key office and overseeing the surveillance program is canned for doing exactly what the emperor says? Zero point zero.

    6. Re:Get Ready by drainbramage · · Score: 5, Funny

      Yeah, the AK-15 is way more reliable than the AR-74 and has more penetration.
      Everyone knows that, just ask Louis Armstrong (the first man on the moon).

      --
      No brain, no pain.
    7. Re:Get Ready by PolygamousRanchKid+ · · Score: 4, Funny

      Actually, I prefer my Heckler & Koch Brothers MP7, which can penetrate the body armor of Big Oil enemies and also be used for fracking.

      It was used by James Earl Ray Jones, who shot MLK and starred in "Conan, the Barbarian" with Lou Ferrigno.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    8. Re:Get Ready by Anonymous Coward · · Score: 2, Insightful

      There must be something wrong with this letter. I mean, Wyden, Paul and Amash aren't signatories - that should tell you something.

    9. Re: Get Ready by pepty · · Score: 2

      Defanged? This was just the shot over the bow. If Issa wants him out Congress will investigate Clapper right through the 2016 elections, whether or not he resigns before then.

    10. Re:Get Ready by Anonymous Coward · · Score: 3, Funny

      What about the H&K MP3? that one really jams.

    11. Re:Get Ready by Tanktalus · · Score: 2

      Ah. The old, "He may be a liar, but he's my liar" argument.

      How about giving yourself some credibility and calling out liars on both sides of the aisle?

    12. Re:Get Ready by kilfarsnar · · Score: 5, Insightful

      No, Snowden is at best a leaker, he could be worse.

      Which "malfeasance" are you referring to? I haven't heard of them doing anything illegal (even if some might tend to make you uncomfortable).

      Really? http://www.forbes.com/sites/je...

      Keep up, eh?

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    13. Re:Get Ready by DarKnyht · · Score: 4, Funny

      Or the Statler and Waldorf M-76. You can hit a performer from the highest balcony with little effort.

      --
      Voting them all out of office, now that's change I can believe in.
    14. Re: Get Ready by SydShamino · · Score: 5, Insightful

      To be fair, I think the guy should be removed from office. The problem as I see it is that Congress demands that every appointee be removed if they make any mistake, no matter how minor or (as in this case) serious. Meanwhile, some appointees can never get approved under any circumstances.

      Given that environment, I can see why Obama won't fire the guy. There's a chance Obama would not get a replacement confirmed by the end of his term.

      The whole process, and most everyone involved in it, sucks all around.

      --
      It doesn't hurt to be nice.
    15. Re:Get Ready by GameboyRMH · · Score: 2

      Another member of the intelligence committee says she didn't know:

      http://www.huffingtonpost.com/...

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    16. Re: Get Ready by morgauxo · · Score: 2

      Maybe.

      I figure they are just looking for a fall guy. Why shouldn't Obama let him go (with a nice severance no doubt) and just bring in his next yes-man? How hard can that be? Even if he can ignore congress, why play that card here?

      This is obviously all BS anyway. These programs have been over the top since well before 2010! Either Congress has been complicit all along or they are very naive and he was hardly the first or only person to lie to them. In that case why single him out as opposed to cleaning house? My guess, Congress has been complicit with everything but they had these guys 'lying' to them for plausible deniability if the public ever became interested.

    17. Re: Get Ready by davester666 · · Score: 4, Interesting

      Please ignore the fact that the people he spoke to under oath ALREADY KNEW THE TRUTH prior to asking the question, and did NOT call him on it.

      --
      Sleep your way to a whiter smile...date a dentist!
    18. Re:Get Ready by cold+fjord · · Score: 2

      I prefer the Waldorf Insult Salad Shooter less lethal weapon since it's multi-threat. (Plus I like gadgets.) The first volley is tasty salads to distract and calm demonstrators with tasty greens and tangy dressings. If that doesn't work it rapid fires insults until their inner child is bruised enough that they leave. It also has a final emergency mode in which it directly sprays the vinegar and oil dressing. It makes the ground too slick to walk on and man does that vinegar sting!

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    19. Re: Get Ready by sribe · · Score: 2

      By all rights clapper should be removed.

      By all rights he should be in jail. We can argue all day about the trade-offs between privacy and security, but one thing is simply not arguable--it is the responsibility of Congress to debate this issues and decide on policies and limits in our name. What he did was to try to subvert that.

    20. Re:Get Ready by MachineShedFred · · Score: 2

      I'm pretty sure that Clapper could have answered "I cannot answer that question in a public session, as it would violate the National Security Act of 1945."

      In previous Congressional hearings regarding CIA malfeasance (Church hearings in the 1970s, Iran / Contra in the 1980s, 9/11 Commission, etc.) they have had closed sessions where the disclosure of classified information or the identity of covert operatives may be necessary. The transcripts are then redacted before release.

      This was a straight up, under oath, lie.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    21. Re: Get Ready by NoKaOi · · Score: 2

      This will just be another example of how de-fanged Congress has become. By all rights clapper should be convicted of perjury and thrown in prison. He lied under oath. Period.

      FTFY

    22. Re: Get Ready by anagama · · Score: 2

      By all rights clapper should be removed. He lied under oath.

      You are actually part of the problem, at least in the sense that you've been duped into this idea that losing his job is punishment enough.

      It's a fucking felony. A Federal crime punishable by up to 5 years in prison. Probably for each offense. Preferably in a PMITA Federal prison.

      http://www.law.cornell.edu/usc...

      --
      What changed under Obama? Nothing Good
    23. Re: Get Ready by Urza9814 · · Score: 2

      I never claimed that it did; I was merely pointing out that our society generally does not consider 'just following orders' to be a valid excuse when it comes to illegal activity.

  2. Sadly by jcrb · · Score: 5, Insightful

    It's not a "lie" if they aren't convicted, and even then for most people it will still be a "misstatement".

    The win at all costs nature that American politics have turned into as of late have made seeing just how blatant a lie you can get away with part of the game rather than something to be avoided.

    Asking nicely for his removal will accomplish nothing at all. Either go for conviction or don't bother. Saying "he's not nice and we don't like him anymore" is not going do anything other than cause the administration to chuckle.

    --
    -jon
    1. Re:Sadly by Anonymous Coward · · Score: 2, Insightful

      It's not a "lie" if they aren't convicted, and even then for most people it will still be a "misstatement".

      Great, perhaps his language usage will improve if we start calling "decapitation" for "physical encouragement".

    2. Re:Sadly by Jawnn · · Score: 5, Insightful

      Yep. That our Congress has lacked the will to call this man on the crimes he has plainly committed is a sign that our government is beginning to fail. We could debate about when that failure really began, but when the head of a rogue agency is allowed to metaphorically extend his middle finger to the body of elected officials charged with the oversight of him and his agency, that failure is well established.

    3. Re:Sadly by v1 · · Score: 2

      I thought lying to congress was a felony or something? Maybe that's why they're avoiding the L-word?

      --
      I work for the Department of Redundancy Department.
    4. Re:Sadly by Pi1grim · · Score: 4, Insightful

      Maybe they should have avoided lying in the first place instead of avoiding to call it what it is now?

    5. Re:Sadly by 0123456 · · Score: 2

      Yep. That our Congress has lacked the will to call this man on the crimes he has plainly committed is a sign that our government is beginning to fail.

      BEGINNING to fail?

      Haven't you been watching the news for the last century or so?

    6. Re:Sadly by dkleinsc · · Score: 3

      It is. Also, if you don't answer questions the way Congress wants you to, you can get yourself into serious trouble, as the (now) late Pete Seeger found out.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    7. Re:Sadly by cfulton · · Score: 3, Insightful

      And Pete Seeger had the balls to stand up for what he believed and did not lie or change his story. Politicians and bureaucrats lie instinctively, but will happily repudiate themselves at a later date if it keeps them in power.

      --
      No sigs in BETA. Beta SUCKS.
  3. euphemism for "lie" by xxxJonBoyxxx · · Score: 5, Funny

    >> "Misstatement," of course, being the favorite euphemism for "lie."

    I though it was, "If you like your X, you can keep your X." :)

  4. Re:The basic rules. by i+kan+reed · · Score: 5, Informative

    Unfortunately, "lying to congress" has some protection from that kind of punishment to prevent congress from using congressional inquiry as a lazy version of a bill of attainder.

  5. *Congress* is worried about liars???? by inode_buddha · · Score: 2

    *Congress* is worried about liars???? Who the hell do they think they are? Pot, meet kettle. Congressmen themselves like like dogs as a matter of course, but they will be all upset if anyone lies to them??? Yeah, right.

    --
    C|N>K
  6. Impeachment by Teancum · · Score: 5, Insightful

    Congress has the authority to remove people from positions in the federal government on their own. Why don't they use it?

    And no, it doesn't need to be an impeachment of the President, it can be any officer or person holding a position of trust in the U.S. government. Dozens of impeachment bills are presented every year in Congress, where they seldom get any sort of attention even when they pass as it is usually for obscure offices or minor judges. if these congressmen were serious, they would just start the process and hold that over the head of President Obama to act before they do.

    It just seems that in this case talk is cheap, as if filing a bill is something not in their authority.

    1. Re:Impeachment by hoyle · · Score: 5, Informative

      Not only that, isn't lying under oath to congress a criminal offense? If he lied, why don't they charge him?

    2. Re:Impeachment by CanHasDIY · · Score: 3, Insightful

      Congress has the authority to remove people from positions in the federal government on their own. Why don't they use it?

      Because the way they see it, if they lay it on the President's shoulders, come election time they can tell their constituents "Hey, we tried to do something, see? Obama obviously hates America."

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    3. Re:Impeachment by isa-kuruption · · Score: 2

      Probably because bi-partisanship in Congress is non-existent... and whenever one party proposes a bill/amendment/impeachment/takeout menu, it's immediately rejected by the other party. So the only way for anyone to do anything is to put it on the shoulders of the *others* in a big PR stunt-type action that makes the 24 hour news cycle giddy.

    4. Re:Impeachment by Teancum · · Score: 4, Interesting

      Boldly lying to Congress is usually a good way to get bipartisan support.... to get you slapped in some official manner. There is also the ability to "censure" somebody in the federal government or to offer a "contempt of Congress" resolution as well. It doesn't have to be all or nothing.

      Your statement would be correct if it wasn't for the fact that there were Democrats who signed this letter and that people of both parties are trying to run for cover to get on the popular side of this issue (which also cuts across both parties except for diehard fanatics). Besides, submitting a bill for consideration doesn't require the support of half of the members of any chamber, it only needs a single member of congress to submit the legislation for consideration... and the other co-signers of the letter could simply be co-signers of the legislation instead. If they submitted the legislation and it was held up in committee.... that is something they could similarly use to take back to their constituents and say "I did everything I could to remove this asshat, but the logjam in Washington kept me from getting it done."

      I'm saying that the entire notion of begging the President to fire the guy when you have this kind of authority seems stupid and even ignorant on the part of these Congressmen. Sending a letter to the President that you have already submitted such legislation and would like him to preempt such action before it gets to the full House for consideration is IMHO a much stronger message. It is almost as if these guys simply don't want to act at all.

    5. Re:Impeachment by wasteoid · · Score: 2

      Everyone in government lies.

      People in government or in power never follow the rules they setup for us plebeians; that's the benefit of being in power. Heck, all you need is a lot of money, then you even kill people and walk away with no consequences. Asking for justice from a system that inherently has no justice is unrealistic and delusional.

      So how does one get justice? You have to go take it yourself. Look at the rest of the world, what's going on currently. Ukraine, Thailand, Egypt for example. Corrupt governments where people are taking action to try to stop it or change things. What do we do here? Write harshly-worded memos? Comment on slashdot?

  7. A positive step by SirGarlon · · Score: 5, Insightful

    People have been complaining forever about Congress doing nothing about the NSA's egregious overreach. This is just a gesture, but it's a gesture in the right direction.

    Best case, Obama ignores the letter, then Congress gets royally pissed off and does something with more teeth.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  8. It's a good start by TheNastyInThePasty · · Score: 2

    It's a good start, although I'd like "Removed from his position" to be replaced with "Prosecuted to the fullest extent of the law."

    More people need to be shitcanned over this but, really, the fact that these programs are event "arguably" legal is the major issue here. The laws that allow the NSA to snoop on all of us need to be repealed first and foremost.

    --
    The best thing about UDP jokes is I don't care if you get them or not
    1. Re:It's a good start by nschubach · · Score: 4, Funny

      I'm sure it will go over just as well as the federal reserve audit...

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  9. Re:Republican hypocrites by Anonymous Coward · · Score: 2, Insightful

    About the same as for all the fucking democrats who co-authored and supported the bill.

    Stop being a useless fuck and actually learn something. Neither party is on your side here.

  10. Barry Bonds by ebonum · · Score: 5, Insightful

    I will remind you that Barry Bonds went to jail for lying to Congress. They didn't hesitate to throw him in jail.

    Either throw Clapper in jail or rewrite the laws to reflect reality: If you are powerful enough and have the full support of the current administration, you are immune from prosecution.

    And while you are at it, take that stupid blindfold off that statute of justice. That is from another world and another time. It has no relevance today.

    1. Re:Barry Bonds by Anonymous Coward · · Score: 5, Informative

      I will remind you that Barry Bonds went to jail for lying to Congress.

      Wait, what? Barry Bonds was convicted of obstruction of justice in relation to his grand jury testimony in 2003 and was sentenced to house arrest & probation.
      No lying (perjury), no Congress, and no jail. You managed to get just about every fact wrong.

    2. Re:Barry Bonds by wasteoid · · Score: 2

      Remove the blindfold and add stacks of money to the lighter side of the scales.

    3. Re:Barry Bonds by Anonymous Coward · · Score: 3, Insightful

      I thought the blindfold was because she’s in front of a firing squad.

  11. Judge clapper by the same laws as snowden by sl4shd0rk · · Score: 4, Insightful

    If a regular joe lied to congress, under oath, they'd send his ass up the river on a multitude of charges running the gamut from conspiracy to perjury to treason. Clapper should be judged by the same laws. Let a jury decide.

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    Join the Slashcott! Feb 10 thru Feb 17!
  12. Re:That Palin Thing says: by Noughmad · · Score: 2

    Well, Chang'e was not only made in China, but is currently about 400.000 km away and appears stuck. I doubt things are going much better for Hop'e.

    --
    PlusFive Slashdot reader for Android. Can post comments.
  13. The Other Five Party/Districts by Bob9113 · · Score: 5, Informative

    Ted Poe (R - TX), Paul Broun (R - GA), Doug Collins (R - GA), Walter Jones (R - NC), Alan Grayson (D - FL)

    Good to see they got a Democrat on board. Here's hoping more of all stripe sign on.

  14. Warrantless domestic wiretapping by Anonymous Coward · · Score: 5, Informative

    Isn't Darrel Issa the arsonist Car theif who suppressed congressional testimony on Warrantless domestic wiretapping and dismissed the Bush admins erasure of E-mails on PlameGate as a simple software glitch? Why yes, yes he is.

    While I have my doubts about Clapper, it really doesn't help the cause when you put a non-credible person at the front. Issa will say or do anything that benefits him, and that's not invective, it's documented fact.

    http://en.wikipedia.org/wiki/D...

    http://www.perrspectives.com/b...

    http://www.dailykos.com/story/...

  15. just googlred AK15 by rossdee · · Score: 2

    It seems to be using the Klashnikov action, but chambered for 5.56 round, and takes AR15 magazines.

    Either that, or someone got AK47 and AR15 mixed up.

  16. Lying doesn't matter much here by Anonymous Coward · · Score: 5, Interesting

    Reading the questions that were asked and the responses he gave, it's pretty hard to believe Clapper didn't understand what was being asked. Personally, I think the concepts of "data" versus "metadata" and "known-to-be US citizens" versus "unknown/haven't checked" were so muddied in his head (and the CIA/NSA generally) that he might have thought he was answering honestly. It reminds me of the days when people emphatically said "Of course the US doesn't torture prisoners"... "for a very special and legally-dubious definition of what constitutes 'torture'". Twist words and definitions long enough and you start believing the new definitions yourself, but that makes it hard to communicate with others. "Oh! By 'any data on US citizens' you meant the normal, English, everyday meaning of the word 'data', not the twisted, something-other-than-metadata meaning we use at the CIA/NSA? And we'll just casually pretend that we don't know if the people we're sweeping up are US citizens or not, even though they probably are given the vast scope of collection."

    So, with what we know about the program now, either: 1) the guy was lying intentionally, or 2) he's innocent but incompetent because he didn't understand the nature of the programs that were underway and/or 3) he couldn't correctly communicate with the legislators asking him to explain what was going on in plain language. That's a failure of his duty any way you look at it. Malicious intent or incompetent. Take your pick.

    At that kind of level on an important issue, those are grounds for firing regardless of whether he was "lying".

  17. lol Bush.Lincoln, Roosevelt. Obama unilaterally by raymorris · · Score: 4, Insightful

    > But the imperial presidency (which started under Bush and has only grown stronger under Obama)

    ROTFL. Bush Jr was a slightly weaker than average president. If you want to see an imperial presidency, look at Roosevelt, Lincoln or Kennedy. Congress didn't authorize the civil war, Lincoln sent the army to destroy the south by his own executive order. Kennedy too sent the armed forces into the south to enforce desegregation, on his own initiative. Bush sought (and received) congressional approval for what his predecessors would have called "routine military exercises".

    One thing is new - presidents in the past have left Congress out of the decision making, but the didn't tend to flatly defy Congress, declaring that they have chosen to ignore the law and write their own. Obama's unilateral changes to Obamacare such as delaying the employer mandate for a year is a new kind of imperial presidency. Congress passed the mandate and Obama immediately said "nope, I'm going to ignore the law and declare my own law instead." I don't think even Roosevelt had done that.

    1. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by CrimsonAvenger · · Score: 5, Interesting

      Congress passed the mandate and Obama immediately said "nope, I'm going to ignore the law and declare my own law instead." I don't think even Roosevelt had done that.

      Right after Pearl Harbor, Congress passed declarations of war against Germany and Japan (in response to their declarations of war against us). At that point Roosevelt told Congress that they should go into Recess until the War was over.

      Luckily for all of us, they told him to pound sand.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    2. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by Rob+Riggs · · Score: 4, Informative
      --
      the growth in cynicism and rebellion has not been without cause
    3. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by Anonymous Coward · · Score: 2, Insightful

      One thing is new - presidents in the past have left Congress out of the decision making, but the didn't tend to flatly defy Congress, declaring that they have chosen to ignore the law and write their own.

      I'd say "but Bush" and point out his signing statements, but the fact is that they've been around since James Monroe.

    4. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by dcollins · · Score: 5, Insightful

      "Bush Jr was a slightly weaker than average president. If you want to see an imperial presidency, look at Roosevelt, Lincoln or Kennedy. Congress didn't authorize the civil war, Lincoln sent the army to destroy the south by his own executive order. Kennedy too sent the armed forces into the south to enforce desegregation, on his own initiative. Bush sought (and received) congressional approval for what his predecessors would have called "routine military exercises"."

      That's insanely ludicrous. Bush started at least two major wars with no declaration of war. One against an entirely unrelated country on totally fallacious charges. Were you paying attention for like 10 years when the armed forces were complaining about how thin they were stretched and couldn't meet recruiting goals? Soldiers being called back after retirement for 3, 4, 5, 6 tours of duty? Bush ripping up the nuclear SALT treaty unilaterally? There's whole books written about how Cheney alone was the most powerful vice-president in history.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    5. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by operagost · · Score: 5, Informative

      Congress authorized military action in both Afghanistan and Iraq. Maybe you weren't paying attention.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    6. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by fahrbot-bot · · Score: 3, Interesting

      Congress passed the mandate and Obama immediately said "nope, I'm going to ignore the law and declare my own law instead."

      Enforcement of the Law - even selective enforcement - is the purview of the President. There was an entire segment on NPR yesterday about the Executive Power of the President and how presidents have been using Executive Orders for doing this kind of thing throughout US history - back to George Washington (who issued 8).

      According to that segment, and this page on Executive Orders, Obama (168) has issued fewer than Bush-II (291), Clinton (364), Bush-I (166), and Regan (381) -- even by term. FDR issued the most at 3,522.

      --
      It must have been something you assimilated. . . .
    7. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by Jason+Levine · · Score: 4, Insightful

      There's whole books written about how Cheney alone was the most powerful vice-president in history.

      I think this was the key. Bush Jr, by himself, was a weaker than average President. However, he had an administration that pushed the limits of Executive Branch power. Cheney et all wanted the President to be the supreme ruler unanswerable to anyone so that the Democrats couldn't stop them from doing what they wanted to do. Of course, the danger with this is that - if you get it - it is only a matter of time before "that other party" gains control of this seat of power and you are faced with the receiving end of the power*. Because, no matter what they say while campaigning, no politician is going to roll back Presidential powers. At best, they'll just expand them at a slower pace or in different areas than the other guy would.

      * Thus my constant rule of determining whether a certain government official should have a certain power: How would you like it if the person occupying that position had the exact opposite political views that you do and used that power? If you'd oppose that, then you can't support the official (presumably from "your party") having that power at all.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    8. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by swillden · · Score: 2

      If you want to see an imperial presidency, look at Roosevelt, Lincoln or Kennedy.

      Don't forget Andrew Jackson. He defied a Supreme Court ruling in order to forcibly relocate tens of thousands of Native Americans, murdering thousands in the process.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    9. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by Karzz1 · · Score: 4, Insightful

      Comparing the number of EOs to arrive at any sort of conclusion is much like measuring productivity by lines of code written/comitted. The raw numbers tell very little.

      --
      Beware of he who would deny you access to information, for in his heart he dreams himself your master.
    10. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by fahrbot-bot · · Score: 2

      I wasn't drawing any conclusions, simply stating facts. With his/her comment "I'm going to ignore the law and declare my own law instead" the previous poster seemed to think that Obama was doing something new, unusual and/or unlawful. which is untrue.

      The NPR segment on Executive Orders was rather interesting, discussing the types of things the President can and cannot do. He cannot make laws, but in many cases can stipulate how laws will be enforced. The President can also use EO to establish requirements for federal agencies and contractors.

      In his State of the Union address tonight, Obama is expected to up the minimum wage for federal contractors (see With Minimum Wage as Start, Obama to Press Past Congress) - probably requiring that contractors provide that wage to be eligible for federal contracts. President Johnson did something similar with Executive Order 11246 requiring non-discriminatory practices in hiring and employment on the part of U.S. government contractors - as did other presidents WRT federal contractors.

      --
      It must have been something you assimilated. . . .
    11. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by Runaway1956 · · Score: 2

      Awesome post. And, I love your * addon. Partisan politics allows people to approve of increased power while their own fair haired child occupies the Oval Office. None of the nitwits gives a thought to eight years down the road, when some redheaded stepchild occupies that same office.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    12. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by similar_name · · Score: 2

      One thing is new - presidents in the past have left Congress out of the decision making, but the didn't tend to flatly defy Congress, declaring that they have chosen to ignore the law and write their own.

      I don't think ignoring Congress is new. This quote may be apocryphal but Jackson's actions, or lack of, aren't. "John Marshall has made his decision; now let him enforce it!". An easy recent target is this. Personally, my humble opinion is that the Executive Branch does have the authority to not enforce a law. However, I do not believe the Executive Branch has the authority to enforce a law that doesn't exist. I say this with trepidation but I think the Executive Branch should only act under approval from Congress (and presumably the Supreme Court), but inaction should ultimately be at the discretion of the Executive Branch. It's one thing for the President not to choose to invade Colorado over Federal drug laws and another to invade Colorado and bust up Coors because the Executive Branch decides alcohol should be banned.

    13. Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally by reboot246 · · Score: 2

      It's a good thing that they did, otherwise they may never have assembled again.

  18. Clapper in Prison by Phoenix666 · · Score: 5, Insightful

    He belongs in prison, along with his deputies that obeyed his orders to violate the Constitution thousands of times. Same goes for Keith Alexander. Obama, too, must be impeached for signing off on all of it. We are at a 200-year break point. Either the American citizenry reasserts its primacy in the democracy and teaches all and sundry again that the law is for everybody, we will lose it all for the next century or two. I would prefer we take those steps now when we still have means to attack the corruption rather than several generations deep into the police state when we will have nothing.

    --
    Do what you can, with what you have, where you are.
    1. Re:Clapper in Prison by MachineShedFred · · Score: 2

      How about Contempt of Congress and / or Perjury? For precedent: http://www.nytimes.com/1984/01...

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  19. Re:Upon orders of His Majesty by Bartles · · Score: 2

    The first black President will never be impeached. It does not matter what he does.

  20. I'm all for it; we need to start punishing perjury by GodfatherofSoul · · Score: 4, Insightful

    Alberto Gonzalez flat out lied to Congress and got a week to "correct" his testimony and I was tearing my hair out. Clapper did the same and it's hardly registered in public discourse. If Congress gets lied to their oversight obligations are compromised which is intolerable.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  21. Fire him? Why not arrest, charge and try him? by erroneus · · Score: 2

    This softball approach to politics is annoying especially when the Obama regime plays anything but hard ball. He is currently using his office to go after critics and opponents at a rate and in ways unheard of before. It's almost as if he's working against a clock. I fear for what's next.

  22. Commas in headlines suck, shouldn't be used by wonkey_monkey · · Score: 3, Insightful

    Congressmen Say Clapper Lied To Congress, Ask Obama To Remove Him

    What is it about headlines that makes people unwilling to use the word "and"? I can understand it in ye olde days of printe when you might need to claw baxk whatever space you could (did it then just become a convention?), but it's not like you'll break teh internets with a few extra characters.

    --
    systemd is Roko's Basilisk.
  23. Why? Lying isn't illegal by mark-t · · Score: 2, Interesting

    Clinton blatantly led bout his relationship with Lewinski, for instance... Didn't really do him any harm. The American people have already shown they can tolerate lying from people in office, so what's the problem?

    (doubtless about to be modded to -infinity for trolling)

  24. Monroe, upon signing, chose an interpretation by raymorris · · Score: 5, Informative

    Monroe chose a certain interpretation of the bill _as_he_signed_it_into_law. The same is true of any Bush signing statements - they are commentary on the new law at the time the law is enacted.

    With Obamacare, the law was passed, then a year later Obama declared he was going to ignore it - and then declared brand new law to replace it, just making something up unilateraly and declaring it to be the law of the land.

  25. Re:Why? Lying isn't illegal by Anonymous Coward · · Score: 2, Informative

    Clinton was convicted of perjury, and lost his law license in Arkansas with Paula Jones sexual harassment case. However, he never testified in front of Congress under oath. He did go on national TV and testify to the American people that he had no sexual relations with Monica. That was a lie to everyone, but it wasn't under oath. So yes, that one wasn't illegal.

    Clapper was under oath.

  26. The Oath by jeff13 · · Score: 5, Interesting

    Point of fact, please pay attention.

    Director Clapper did NOT lie under oath at a Congressional hearing. He was never sworn in.

    It is common practice *cough* these days *cough* on Capital Hill for high ranking officials to refuse to be sworn in at any hearing. I know, sounds crazy but it happens. Why, you ask? They say it's because, and I shit you not, it would be an insult to their integrity.

    I say again, I shit you not.

    This is why Clapper is not in contempt of Congress. And that's a fact Jack.

  27. Re:The basic rules. by Hatta · · Score: 4, Interesting

    What exactly are you talking about? Contempt of Congress is a crime. They don't even need the executive or judicial branches. The Congressional Sergeant at Arms has the power to arrest someone, bring them to trial in Congress, and imprison them in the Capitol jail. This power was upheld by the Supreme Court in Anderson vs. Dunn (1821).

    But IANAL, so maybe you know something that I don't. To what limitation on this power do you refer?

    --
    Give me Classic Slashdot or give me death!
  28. Re:Upon orders of His Majesty by amxcoder · · Score: 2

    You also forgot the "Fast and Furious" scandal, where at least Eric Holder should have lost his job/been arrested if not more people. But they didn't, and it all got brushed under the rug. "This isn't the plan to create our own evidence on why we need to bad guns that you're looking for..." move along.

  29. Jerry Pournelle's Iron Law of Bureaucracy by nickmalthus · · Score: 2

    Not only that, isn't lying under oath to congress a criminal offense? If he lied, why don't they charge him?

    James Clapper and Congress to a lesser extent are behaving exactly as predicted by the Iron Law of Bureaucracy which states:

    "In any bureaucracy, the people devoted to the benefit of the bureaucracy itself always get in control and those dedicated to the goals the bureaucracy is supposed to accomplish have less and less influence, and sometimes are eliminated entirely."

    If there is any merit to the adage "Knowledge is Power" then the usurpation by the NSA in totalitarian total access certainly empowers the federal bureaucracy that both Clapper and Congress work for. As it has always been since the beginning of our country it is the responsibility of the citizens to correct the government. Unfortunately due to the corruption of our election process accelerated by unfettered campaign finance most people do not vote for third party candidates and we end up with corporate sponsors instead of representatives. The next time you visit the ballot box remember to vote your conscious and not for who the corporate controlled media want you to believe will win. You have control over the former but not the later.

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
  30. It's a rare moment by kilodelta · · Score: 2

    When I'm in agreement with a Republican but it's pretty clear that Clapper did nothing but lie. And I find it amusing that congressmen in general are getting their underwear in a bunch because they found out the NSA is spying on them too. Oh well.

  31. Imperial Presidency? by Anonymous Coward · · Score: 4, Interesting

    Dear Anonymous Coward,

        You are obviously fairly young. Go back a bit in time, say 1971 or so. Check out Nixon's Marine Guards. From high plumes on their hats to gold braid everywhere else. That's what an imperial presidency looked like. In the background AT&T (the one and only national telephone company at the time) and IT&T (all of your international phone lines) basically worked for Nixon. Targeting Tea Partiers at the IRS? A little innocent fun. Back then the IRS worked for the White House and Nixon's enemies' (there was an actual list) were routinely raked over the IRS coals.

        Ahh, simpler times...

    Kind regards,

    An older Anonymous Coward

  32. Re:Upon orders of His Majesty by Bartles · · Score: 2

    No, people are black when it fits the desired political narrative ala Obama. People can also be white when it fits the political narrative ala George Zimmerman. To the left, everything is viewed through the lens of race. The politcal value of a story is dictated by the subject. A black, poor, sexually unique person is at one side of the spectrum (the indisputibly good side), and a white, rich, male is on the other (the indisputibly evil side). Everybody falls on this scale and it is to be the primary factor used in judging someone's life story or worth to society..

  33. Re:Time to involve the public prosecutor? by HornWumpus · · Score: 2

    Not socioeconomic circles. Clapper is a cop. Cops never get charged with perjury. Never.

    As DA aren't doing their job, defense attorneys should setup a web site and collect transcripts of cops testilying. Searchable by cop name and department. Court reporters own the copyright to transcripts. So it will have to be overseas.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  34. Wiping out the funding source, the mandate, unions by raymorris · · Score: 3, Insightful

    Some changes Obama unilaterally decided on include eliminating the funding source, the mandate, and declaring his union buddies don't have to comply with the law. (Equal protection clause, anyone?).

    You say "you alleged". Leaders of his own party have said his overreach into writing his own law, rather than going to congress, is an impeachable offense; "no question about it, not even close", democrat congressmen have said. You like the guy, that's fine, I get that. Be honest with yourself, though, he's not perfect, not anywhere close to perfect. One of those imperfections is that he's thoroughly confused about his role vis-a-vis congress.

  35. Augustus would be proud by potpie · · Score: 2

    It seems to me that Congress needs to act on this if our children are to have a republic. We've already heard that the Supreme Court, the highest institution of an entire branch of government, "lacks jurisdiction" to review the NSA's secret court decisions, which technically makes their secret court the highest in the land. If the NSA cannot be held accountable to Congress, there goes another branch. This looks like a coup.

    --
    Esoteric reference.
  36. Jackson was supporting Congress, didn't do anythin by raymorris · · Score: 2

    I thought of that non-quote as I wrote it, too. The subject does remind you of the saying.
    However, Jackson was supporting the exclusive power of Congress over Indian affairs, not snubbing Congress.
    Jackson also was not changing or refusing to enforce any law. He only observed that the officials in Georgia would likely disregard a court decision. If the court had ordered Jackson to do something, then it might be in some way comparable. However, the court ordered Georgia officials to release the men. President Jackson was a bystander.

    > Personally, my humble opinion is that the Executive Branch does have the authority to not enforce a law.

    In my opinion, the executive has limited discretion is decide that a law is intended to apply in one case, and is not intended to apply in another case. An example would be speeding to emergency room vs. speeding to a football game. In such an instance, the executive isn't denying the law itself, merely realizing the common sense fact that laws have intent behind them, a reason for being. The LEGISLATURE who wrote the speed limit law did not intend for it to hamper a rescuer in a life-and-death emergency, and the executive can recognize the legislative intent.

    On the other hand, consider this law:
    ISPs are protected from being sued because their customers send phishing spam or other unlawful material through the ISP, if the ISP handles complaints in the proper way as specified by the law.

    In my opinion, the executive cannot, as policy, delete the second half of the law. If they do, you end up with:
    ISPs are protected from being sued because their customers send phishing spam or other unlawful material through the ISP.

    Disregarding the second half of the law would give phishing-spam-r-us.net magical legal protection, saying you can intentionally set up a datacenter devoted to defrauding people and you have an absolute defense against being sued for it. Those decisions of law are for Congress to make, not the president, in my opinion.

    Similarly, imagine this law:
    The government must pay each parent of schoolchild $10,000 per year, and the parents must pay $10,000 tuition to a school of their choice.

    The president deletes the first half:
    parents must pay $10,000 tuition to a school.

    The law as passed gives parents choice of where their child goes to school, without actually changing funding since the funding is coming from tax money. If the president deletes the first half, it becomes a $10,000 tax on parents. The president does not have the authority to unilaterally create a tax like that.

    Obama effectively did the last, creating a huge new tax. The law was:
    Everybody has to pay the health insurance companies. The insurance companies have to pay for people who waited until after they got sick to buy insurance.

    Obama changed it to:
    The insurance companies have to pay for people who waited until after they got sick to buy insurance.

    That's effectively a multi-billion dollar tax on those companies. It's not the president's job, and not within his power, to create new taxes. That's the job of Congress.

  37. Re:Try better sources than lefty-NPR by wispoftow · · Score: 2

    A president cannot do what Obama is doing in a "Constitutional Republic with checks-and-balances".
    Selective enforcement of law IS the checks and balances.

    An executive who fails to faithfully live by/uphold the laws might give Congress the motivation to remove him from office.

    This is the ultimate check and balance upon the executive. I'm pretty sure that every president has failed to uphold the laws of the land--but Congress has to-date failed to see sufficient cause to carry through with it.