The news you're not supposed to know...

Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
Article posted Jun 13 2013, 12:17 PM Category: Commentary Source: Jacob G. Hornberger Print

Why No Perjury Indictment for Clapper?

by Jacob G. Hornberger

The feds indicted and prosecuted Martha Stewart for lying to federal investigators about a stock trade. They also indicted baseball star Roger Clemens for supposedly lying to Congress about drug abuse.

So, the obvious question arises: Why no perjury indictment against Director of National Intelligence James R. Clapper, Jr.

Consider the following testimony that Clapper gave to Congress last March:

Senator Ron Wyden: Does the N.S.A. collect any type of data at all on millions or hundreds of millions of Americans?

Clapper: No, sir. Not wittingly.

In light of the revelations regarding the super-secret NSA surveillance scheme on the American people, which is no longer super-secret, what other conclusion can be drawn than that Clapper knowingly, deliberately, and intentionally lied to Congress?

In fact, he's even pretty much confessed that he lied. According to the New York Times, "In an interview on Sunday with NBC News, Mr. Clapper acknowledged that his answer had been problematic, calling it 'the least untruthful answer he could give.'"

So, why no perjury indictment? Why no indictment for lying to Congress in an official hearing? Why no indictment for obstruction of justice? Why not the same treatment for Clapper that the feds meted out to private American citizens Martha Stewart and Roger Clemens?

After all, let's not forget the words of David Kelley, the U.S. Attorney who prosecuted Martha Stewart for lying to federal investigators about a stock trade: "The word is -- beware -- and don't engage in this type of conduct because it won't be tolerated."

Really? Why then is such conduct being tolerated in the case of Director of National Intelligence James R. Clapper, Jr.?

Or recall the words of federal prosecutor Courtney Saleski in the Roger Clemens trial: "He did that at the expense of our Congress. He threw sand in their eyes. He stole the truth from them."

Isn't that what Clapper did to Congress when he knowingly lied to them about whether the NSA was collecting data on millions of American citizens?

One might say, "But Jacob, he was lying to protect ‘national security.’"

My answer: So what? Since when is that a defense to a perjury charge? Sure, it might work to reduce his sentence after he's convicted but nowhere does the law recognize the protection of "national security" to be a defense to a charge of perjury for, for that matter, murder, robbery, burglary, or any other crime.

I'll tell you why they're not indicting James R. Clapper, Jr. It's because he is a high official in what has effectively become the national-security branch of the U.S. government, a branch that consists of the Pentagon, the CIA, and the NSA. For all practical purposes, officials in the executive, legislative, and judicial branches aren't about to enforce their perjury laws against what they know has grown into the most powerful of the four branches of the federal government.
Jacob G. Hornberger is founder and president of The Future of Freedom Foundation. He was born and raised in Laredo, Texas, and received his B.A. in economics from Virginia Military Institute and his law degree from the University of Texas. He was a trial attorney for twelve years in Texas. He also was an adjunct professor at the University of Dallas, where he taught law and economics. In 1987, Mr. Hornberger left the practice of law to become director of programs at the Foundation for Economic Education. He has advanced freedom and free markets on talk-radio stations all across the country as well as on Fox News' Neil Cavuto and Greta van Susteren shows and he appeared as a regular commentator on Judge Andrew Napolitano's show Freedom Watch. View these interviews at and from Full Context. Send him email.

Latest Commentary
- Let's Talk About...The Plague
- With Mass Shootings, The State Makes Us Less Safe
- Good News: 27% Of Americans Say Government Is Their 'Enemy,' Not Their 'Friend'
- Fear Is The Name of The Game
- This Thanksgiving, Let's Say 'No Thanks' to The Tyranny of The American Police State
- Donald Trump's Presidential "Heel Turn"
- Katniss Vs. Power: The Lessons of Hunger Games
- Tracking ISIS to DC's Doorsteps

Comments 1 - 3 of 3 Add Comment Page 1 of 1
Nickel's 2bits

Posted: Jun 13 2013, 5:59 PM

678 Have you been paying attention? These days: members of congress, administration officials, corporate executives, plutocrats, LEO's, and news reporters are all allowed to lie with impunity.

It's only peons like us who must tell the truth.
Animal Farm

Posted: Jun 13 2013, 8:15 PM

99169 Some are little more equal than others and don't have to live by the laws they pass for mundanes. Now get to work serf so your betters can have a golden parachute and a high standard of living.

Posted: Jun 16 2013, 10:24 PM

99132 This is why it is essential to load up on some semi-automatic weapons and tons of ammo -- to protect yourself against a tyrannical government.

That is all.

Add Comment


Verification *
Please Enter the Verification Code Seen Below

Please see our About Page, our Disclaimer, and our Comments Policy.

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy

Advanced Search


Remember Me
Forgot Password?

Video Of Chicago Cop Murdering Teen Shows Another Shooting of Convenience - 11/25Downing of Russian Su-24 Looks Like a Planned Provocation - Russian Foreign Minister - 11/25World's Most 'Adorable' Drug Kingpin Is Actually The Daughter of Texas DEA Head Honcho - 11/26California Police Used Illegal Wiretap Warrants in Hundreds of Drug Prosecutions - 11/25VIDEO: FSA Rebels Destroy Russian Chopper With US-Made TOW Missile - 11/25Good News: 27% Of Americans Say Government Is Their 'Enemy,' Not Their 'Friend' - 11/24Family Gets $4.9m After Cops Beat Mentally Ill Son to Death On Video and Walked Free - 11/24Heroic Cops Protect Community by Raiding a Group of 90-Yo Women Playing Mahjong - 11/26

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up