The American public and most members of Congress were kept in the dark for years about a secret U.S. program to collect and store such records of American citizens on a massive scale.The government’s legal interpretation of section 215 of the Patriot Act that granted the authority for this dragnet collection was itself a state secret.
Then came Edward Snowden, the former NSA contractor who leaked the court warrant authorizing the surveillance—along with troves of other top-secret documents. Since that first disclosure of the secret warrant, Director of National Intelligence James Clapper has had to defend the government’s activities against a skeptical Congress and wary public.
In an exclusive interview with The Daily Beast, Clapper said the problems facing the U.S. intelligence community over its collection of phone records could have been avoided. “I probably shouldn’t say this, but I will. Had we been transparent about this from the outset right after 9/11—which is the genesis of the 215 program—and said both to the American people and to their elected representatives, we need to cover this gap, we need to make sure this never happens to us again, so here is what we are going to set up, here is how it’s going to work, and why we have to do it, and here are the safeguards… We wouldn’t have had the problem we had,” Clapper said.
“What did us in here, what worked against us was this shocking revelation,” he said, referring to the first disclosures from Snowden. If the program had been publicly introduced in the wake of the 9/11 attacks, most Americans would probably have supported it. “I don’t think it would be of any greater concern to most Americans than fingerprints. Well people kind of accept that because they know about it. But had we been transparent about it and say here’s one more thing we have to do as citizens for the common good, just like we have to go to airports two hours early and take our shoes off, all the other things we do for the common good, this is one more thing.”
Since the first Snowden revelations in June, Clapper has declassified reams of material relating to the 215 program, including opinions and warrants signed by the top secret court that approves domestic snooping. But he has not publicly acknowledged until now his thoughts that the initial secrecy surrounding the program was ill-considered.
It’s a bit of an adjustment in Clapper’s public stance. The intelligence chief wrote in a letter to Sen. Ron Wyden, that the leak of the 215 program along with others “will do significant damage to the Intelligence Community’s ability to protect the nation.” (Of course, Snowden leaked more than the broad outlines of the program that Clapper said he would’ve liked disclosed.)
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