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Senator cites contradiction in national intelligence director's eavesdropping answer

By Lara Jakes

Associated Press

Published: Tuesday, June 11 2013 11:57 a.m. MDT

Glenn Greenwald, a reporter of Britain's The Guardian newspaper, speaks to The Associated Press in Hong Kong Tuesday, June 11, 2013. Greenwald, the journalist who interviewed Edward Snowden, a 29-year-old contractor who allowed himself to be revealed as the source of disclosures about the U.S. government's secret surveillance programs, said he had been in touch with Snowden, but declined to say whether he was still in Hong Kong and said he didn’t know what his future plans were.

Vincent Yu, Associated Press

WASHINGTON — One of the staunchest critics of government surveillance programs said Tuesday that the national intelligence director did not give him a straight answer last March when he asked whether the National Security Agency collects any data on millions of Americans.

Sen. Ron Wyden, D-Ore., called for hearings to discuss two recently revealed NSA programs that collect billions of telephone numbers and Internet usage daily. He was also among a group of senators who introduced legislation Tuesday to force the government to declassify opinions of a secret court that authorizes the surveillance.

"The American people have the right to expect straight answers from the intelligence leadership to the questions asked by their representatives," Wyden said in a statement.

He was referring to an exchange with Director of National Intelligence James Clapper during a Senate Intelligence hearing in March about threats the U.S. faces from around the world.

Wyden said he wanted to know the scope of the top secret surveillance programs, and privately asked NSA Director Keith Alexander for clarity. When he did not get a satisfactory answer, Wyden said he alerted Clapper's office a day early that he would ask the same question at the public hearing.

"Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Wyden asked Clapper at the March 12 hearing.

"No, sir," Clapper answered.

"It does not?" Wyden pressed.

Clapper quickly and haltingly softened his answer. "Not wittingly," he said. "There are cases where they could, inadvertently perhaps, collect — but not wittingly."

Wyden said he also gave Clapper a chance to amend his answer.

A spokesman for Clapper did not have an immediate response on Tuesday, but the intelligence director said in an interview with NBC News last weekend that he did think that Wyden's question during the March hearing was "not answerable necessarily, by a simple yes or no." Officials generally do not discuss classified information in public hearings, reserving discussion on top-secret programs for closed sessions where they will not be revealed to adversaries.

"So I responded in what I thought was the most truthful or least most untruthful manner, by saying, 'No,'" Clapper said in the NBC interview when asked about his response to Wyden.

The programs that do sweep up such information were revealed last week by The Guardian and The Washington Post newspapers, and Clapper has since taken the unusual step of declassifying some of the previously top-secret details to help the administration mount a public defense of the surveillance as a necessary step to protect Americans.

One of the NSA programs gathers hundreds of millions of U.S. phone records to search for possible links to known terrorist targets abroad. The other allows the government to tap into nine U.S. Internet companies and gather all communications to detect suspicious behavior that begins overseas.

A senior U.S. intelligence official on Monday said there were no plans to scrap the programs. Despite backlash from overseas allies and American privacy advocates, the programs continue to receive widespread, if cautious, support within Congress as an indispensable tool for protecting Americans from terrorists. The official spoke on condition of anonymity to discuss the sensitive security issue.

Wyden said lawmakers must have clear and direct answers to questions in order to conduct oversight. "This job cannot be done responsibly if senators aren't getting straight answers to direct questions," he said in the statement.

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