Secrecy's Tangled Web of Deceit

However, by an artful change in the law, Hayden, Cheney, Bush and the telecoms were held harmless. The authors of the bill and the mainstream media even lauded those who collaborated in the warrantless wiretaps for their patriotism.

So, Hayden's successor, Keith Alexander, knew which side his bread was buttered on and followed Hayden's example. But Alexander was caught in a lie when he misled Rep. Rush Holt, D-New Jersey, who had the NSA portfolio on the House Intelligence Committee. It is a felony to lie to Congress; yet, that is precisely what Alexander did on Dec. 6, 2005, as Congressman Holt paid a call on NSA.

Alexander told Holt that NSA was not violating the Foreign Intelligence Surveillance Act strictures against eavesdropping on Americans without a court order, which then was one of the Bush administration's most sensitive secrets, albeit one that was about to be spilled.

Unfortunately for Alexander, the White House had neglected to tell him that a day earlier -- on Dec. 5, 2005 -- President Bush tried and failed to keep the New York Times sitting on the story (which it had politely done for more than a year). However, the Times editors had learned that their reporter James Risen was prepared to disclose the secret in a book scheduled for publication in early 2006. So the Times editors decided that they couldn't afford to be scooped on their own story -- and finally rebuffed Bush's entreaties.

However, the unlucky Alexander was left out of the loop on these discussions so he continued to use the shopworn, dishonest NSA talking points when he spoke with Holt. On Dec. 16, 2005, the Times finally front-paged the exclusive by Risen and Eric Lichtblau, "Bush Lets U.S. Spy on Callers Without Courts."

It seems almost necessary to remind readers at this point that there was a "before 9/11" when a quaint notion prevailed that it was not quite right to lie to Congress. Even after 9/11, Holt was appropriately outraged. Holt said he would see to it that Alexander did not get a fourth star.

However, impunity seems to prevail in these circles of signals intelligence. Less than five years later, in May 2010, the Senate confirmed Alexander for appointment to the rank of four-star general at a ceremony at which he also assumed the key post of U.S. Cyber Commander.

Smoother than Clapper

Fortunately for the senators now bent on covering up NSA's violation of Fourth Amendment rights -- the sweeping up of "metadata" on apparently every phone call made by Americans so it can be mined for information about "terrorists" -- the "honorable" Alexander is a smooth talker skilled in the art of deception. You might apply to Alexander the addendum to the old saying about "once you practice to deceive": "But once you've practiced for a while; You markedly improve your style."

National Intelligence Director James Clapper was much less polished when he tried to deflect questions about the collection of the phone data during a Senate hearing. What an embarrassment it was to watch him entangle himself when asked by Sen. Ron Wyden, D-Oregon: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?"

In answering, Clapper appeared in some distress -- "more than somewhat not comfortable," as author Damon Runyon would put it. Clapper, who was under oath, tried to hide his face behind his hand, tugged on his pate though it hosted no hair, and responded: "No, sir."

Wyden, who knew different, followed up, "It does not?" Clapper: "Not wittingly. There are cases where they could inadvertently perhaps collect, but not wittingly." Clapper later tried to excuse his lie as the "least untruthful" response he could come up with in an open hearing.

Clapper's sad performance was particularly painful because he has been, for the most part, a stand-up guy even when facing pressure from lawmakers to retreat on controversial intelligence assessments. For example, he stood up to members of Congress when some pressed him to change the intelligence community's considered judgment that Iran stopped working on a nuclear weapon almost 10 years ago.

On Wednesday, Rep. Justin Amash, R-Michigan, openly accused Clapper of criminal perjury and called for him to resign, saying, "It now appears clear that the director of national intelligence, James Clapper, lied under oath to Congress and the American people." Amash added that "Perjury is a serious crime ... [and] Clapper should resign immediately."

But Clapper too is an "honorable man" -- someone deeply enmeshed in the machinations of America's "secrecy/surveillance state." It will be interesting to see if he decides to fall on his sword and demonstrate that at least someone has a sense of honor -- or he could take lessons from Alexander on the finer arts of dissembling.

O Tempora; O Mores.