HERRIDGE: Well, it turns out there was no jury trial and the suspects cut deals for lesser charges of 'material support to a terrorist organization,' AND WAS NOT CONNECTED TO THE NEW YORK STOCK EXCHANGE.
SHEP: The FBI says Joyce "misspoke," but the plot was "serious."
Now listen to me. The Deputy Director 'misspoke.' The centerpiece of this entire thing that's been going on on Capitol Hill - 50 terror plots have been broken up - we collect this data and it has saved lives. The New York Stock Exchange may still be standing because we did this.
Well, are we sure this data did this?
Well Sir, you should really ask the jurors who convicted them.
No jurors convicted them of anything, and when they pleaded to charges, and agreed, yes, this is what we did, there wasn't one.single.mention of the New York Stock Exchange.
Judge Andrew Napolitano called them out on it the next day and the centerpiece of his statement [Joyce] was the jury convicted them, we saved the Stock Exchange. NONE OF IT WAS TRUE, and he "misspoke" on the centerpiece of the argument - the one example of the 50 that they are holding up for the Nation, as the reason we collect this data, and he misspoke...Judge Napolitano, when is enough enough?
NAPOLITANO: I don't know but I hope the American people learns a lesson with this.
SHEP: I pray they're listening.
NAPOLITANO: We got a vastly different view from the truth than we should have gotten. We got a questioner, Chairman Rogers, Chairman of the Committee, former FBI Agent, who was no more interested in telling us the truth than those answering the questions, the Deputy Director of the FBI, and General Alexander who runs the Agency [NSA].
SHEP: Do you have the "ability," was the question. Do you have the ability to listen to our phone calls and read our emails? They do. He said "no, [Gen. Alexander] "we do not have the authority."
Question asked and not answered. It's unbelievable.
NAPOLITANO: Unless the questionner was happy with that answer, he should have followed up and said, General, that's not the question I put to you. Instead, it was just ended right there with the impression that they don't have the ability to do it. Our colleague here will tell you what they have the ability to do, but we also know from former NSA staffers who communicated with Fox News that they darn-right do have the ability to do it. Not the lawful authority but the practical ability.
SHEP: What will the Congressional Record be of the testimony to members of Congress about what they've done with all of that data? Will the Congressional Record still read, "well you'll have to ask the jurors who convicted them" about the plot to bomb the New York Stock Exchange. Not mentioned.
Former Homeland Security Advisor Michael Balboni is with us on set. It's one thing after another. We are not building some conspiracy. This is not 911 Truthers, this is not Birthers.
This is Congressional members who represent us, Congressman Rogers... are asking questions and not demanding correct answers and our employees, those who are testifying before our representatives are telling untruths and it's just kinda, ah well, we misspoke.
BALBONI: If they don't come back and say, hey, reappear - next week, next day, right now. Now I'm going to ask you again, cause you remember, they're under subpoeana. They are asked to testify. They've got to give truthful testimony. That's the rules of the game.
Even more so Shep, what you brought up at the beginning of the piece, about the contractors...
SHEP: One Million Contractors who have access...(shaking his head)
BALBONI: Think about it. When a contractor comes in, they lack the culture, the context and don't want a career in the service. They dont' have the ability to truly understand how the intelligence was created, what the safeguards are...these are the people we are entrusting with this type of information. It's really a - a lot of people in the intelligence community are finding it to be absolutely outrageous that this many contractors are involved to this extent with intelligence this sensitive.
SHEP: One Million Contractors, 3.5 Million employees of the Government, all with access.
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