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For. >> i think we created a situation where we are are losing control. in we cannot guarantee the american people that we will protect your civil civil liberties and constitutional rights. whatever it is it needs to be repealed. >> reporter: keith alexander the head of the usa and cyber command after tuesday's full briefing on the data collection programs none lawmaker noting it was rare because of the level of detail. >> i'm saying briefings are one thing, specific information is another thing. i said it before i think, this is one of the first briefings i learned something. >> reporter: we'...

Today, an apology for the attacks that were leveled against the bush administration, but i thank you for doing what was necessary would be much appreciated for all of us who worked tirelessly to do what we thought was necessary and lawful to protect this country. bill: thing changes and your decisions change. when james clapper was asked whether this nsa thing was happening he said no, not wittingly. we know the democratic senator from gave him the question before the hearing then went back to his office after he said no. listen to the end of this answer he gives. >> strong congressional overs...

Martha: march 12 the director of national intelligence james clapper was asked specifically about this. >> does the nsa collect any type of data on millions or hundreds of millions of americans? >> no, sir. >> it does not? >> not wittingly. there are cases where they could inadvertently perhaps collect but not wittingly. bill: the senator from oregon doing the questioning in that back and forth. what does he say about that answer knowing what we know today? >> reporter: senator widen says as a courtesy he sent director clapper's office about data collection a day before the hearing. now he has...

On "happening now." bill: troubling details about a top secret court at the center of the nsa's massive spying program and the government's track record for obtaining a warrant for such surveillance. that is up next. ♪ ♪

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