On March 12th, 2013, in sworn testimony before Congress, Director Clapper was asked by Senator Ron Wyden if the NSA was collecting data on Americans. Mr. Clapper committed an act of perjury by deliberately lying to Congress in saying the NSA did not.
A transcript of that questioning:
Sen. Wyden: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?
Director Clapper: No sir.
Wyden: It does not.
Clapper: Not wittingly. There are cases where they could inadvertantly perhaps collect, but not wittingly.
Video of the discussion:
http://www.youtube.com/watch?v=QwiUVUJmGjs
As no American is above the law, Director Clapper should be prosecuted for his crime in a fair & open trial.