Non-prosecution of Clapper – A Mark of Privilege?

As of today, it has been 811 days since Gen. Clapper lied to the United States Senate Select Committee on Intelligence:

On March 12th, 2013, during a United States Senate Select Committee on Intelligence hearing, Senator Ron Wyden asked Director of National Intelligence James R. Clapper the following question:

“Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

Director Clapper responded “No, sir.”

Incredulously, Senator Wyden asked “It does not?”

Director Clapper responded “Not wittingly. There are cases where they could inadvertantly perhaps collect, but not wittingly.”

So that he would be prepared to answer, Senator Wyden gave these questions to Director Clapper’s office a day in advance of the hearing. Upon the hearing’s completion, he also gave the Director a chance to amend his answer. He opted not to do so.

A video of Clapper committing perjury can be found at: Has James Clapper been indicted for perjury yet?, along with links to people across the political spectrum calling for his prosecution.

I find it extremely ironic that US District Judge Katherine Forrest would characterize the Ulbricht’s arguments as “a mark of privilege” in light of the ongoing illegal activities of the NSA and the non-prosecution of Gen. Clapper for perjury. Judge says Ulbricht’s “harm reduction” arguments are fantasies, a mark of privilege.

At the very worst, for all the boo-hooing at his sentencing hearing, Ross Ulbricht was just a common criminal. Even the twenty-year minimum sentence is harsh in light of the need of the government to improve its own cybersecurity. Being sentenced to do community service half-time for the government as a cybersecurity consultant for a term of years would more than have repaid any imagined debt to society.

Clapper’s crime on the other hand, strikes at the heart of the controller of the purse (the legislative branch), to know how funds it has appropriated are being used. To say nothing of its monitoring the executive branch for its adherence to laws passed by the legislative branch.

The executive branch pursues Ulbricht and not Clapper. The judicial branch ignores the ongoing criminal enterprise that is the current executive branch and wastes valuable cyber talent in a fit of pique.

Clapper should be prosecuted for perjury and his many other crimes. Ulbricht should be resentenced and a sentence that makes meaningful use of his talents for public good should be imposed. (Since the executive branch can ignore laws at will, the judge can ignore any minimum sentencing requirements as well.)

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