Today is an important anniversary for former intelligence chief James Clapper. No it is not his marriage anniversary or conventional milestone. Clapper can celebrate the running out of the statute of limitations on his alleged perjury before Congress — five years and Clapper is now beyond the reach of the law.
I recently wrote a column on the approaching anniversary and how it reaffirms the widely held view that powerful people in Washington are immune from laws used against the rest of society.
Clapper appeared before the Senate to discuss surveillance programs in the midst of a controversy over warrantless surveillance of the American public. He was asked directly, “Does the NSA collect any type of data at all on millions, or hundreds of millions of Americans?” There was no ambiguity or confusion and Clapper responded, “No, sir. … Not wittingly.” That was a lie and Clapper knew it when he said it.
Later, Clapper said that his testimony was “the least untruthful” statement he could make. That would still make it a lie of course but Clapper is a made guy. While feigned shock and disgust, most Democratic leaders notably did not call for his prosecution. Soon Clapper was back testifying and former president Obama even put Clapper on a federal panel to review the very programs that he lied about in Congress. Clapper is now regularly appearing on cable shows which, for example, used Clapper’s word as proof that Trump was lying in saying that there was surveillance of Trump Tower carried out by President Barack Obama. CNN and other networks used Clapper’s assurance without ever mentioning that he previously lied about surveillance programs.
News organizations now regularly feature Clapper who has denounced Donald Trump and members of his government, as discussed in an earlier column.
It is the latest chapter in America’s Animal Farm as average citizens are criminally charged with small discrepancies in statements to investigators while people like Clapper and David Petraeus and Sandy Berger are protected from serious repercussions for alleged criminal acts.
Orwell wrote the fanciful account of a farm society of animals at the end of World War II during a period of authoritarian power and government propaganda. The farm government proclaimed equality of all animals but, as the pig Squealer explained, “all animals are equal, but some animals are more equal than others.”
Of course, none of our politicians is nearly as open and honest as Squealer. There will be no sign proclaiming the different treatment of the governing and governed classes. They prefer the barnyard to return to its previously sleepy existence once the offender has been put away. That is why Clapper’s anniversary is a point of celebration in the Beltway as a reaffirmation that, in Washington, “all animals are equal, but some animals are more equal than others.”
Reprinted with permission from JonathanTurley.org.