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intrepidity

(8,590 posts)
2. It's worth reading Lawfareblog.com on this
Sun Sep 22, 2019, 09:12 PM
Sep 2019
https://www.lawfareblog.com/what-latest-reports-say-about-whistleblower-complaint

As I outlined here, the Intelligence Community Whistleblower Protection Act provides that if the ICIG determines that a complaint about a matter of “urgent concern” is credible, he sends it to the DNI, who within seven days “shall ... forward” it to Congress together with any comments. But a matter of “urgent concern” is defined as “a serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration or operation of an intelligence activity within the authority of the Director of National Intelligence involving classified information” (emphasis added). The alleged offer by the president, while perhaps criminal and possibly impeachable, does not obviously relate to any intelligence activity within the DNI’s authority.

Still, some have argued that the statute does not allow the DNI to make his own determination of the applicability of the statute but, instead, requires him to accept the ICIG’s determination that something is a matter of urgent concern. In this case, however, it appears that the DNI went to the Department of Justice’s Office of Legal Counsel (OLC) for an opinion. OLC opinions are considered to be binding and authoritative interpretations of law within the executive branch. So if OLC in fact formally opined that this complaint was not an “urgent concern” as defined in the statute, the DNI could take the position that the ICIG must follow that interpretation.

Still, we know now that the ICIG also asked permission to transmit the complaint to the intelligence committees apart from the statute and was told he could not do so for reasons of privilege. Here again, a claim that the president’s communications with foreign leaders should be protected by a privilege is not, in the abstract, a frivolous one. Indeed, when Congress sought to obtain memoranda of Trump’s conversations with Russian President Vladimir Putin, White House Counsel Pat Cipollone cited a long history, going back to George Washington, of presidents declining to reveal such communications. The extent of such a privilege—and in particular whether it would protect communications that might constitute bribery—is untested. But if the White House asserted such a privilege, the ODNI would be bound to honor it.

Make no mistake about it. This allegation is a grave one. Even if there is a plausible legal basis to defend withholding the whistleblower’s complaint, if the president has offered financial incentives in an attempt to enlist a foreign power against his political opponents, the public needs to know—by one means or another.

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You are right! And the second most important story is Pelosi failing to address the crime DemocracyMouse Sep 2019 #1
She has addressed it. TwilightZone Sep 2019 #3
Please point out just exactly where it says Pelosi is ordering the arrest of of the DNI head LiberalLovinLug Sep 2019 #9
"failing to address" TwilightZone Sep 2019 #17
Well there is address and then there is address LiberalLovinLug Sep 2019 #19
She did that, as well. TwilightZone Sep 2019 #36
Finally, yes. LiberalLovinLug Sep 2019 #38
Moving in the right direction! She blew her first chance to get DemocracyMouse Sep 2019 #14
Post removed Post removed Sep 2019 #15
All I recall DENVERPOPS Sep 2019 #29
And your assertion looks a little silly today, no? TwilightZone Sep 2019 #35
No not really DENVERPOPS Sep 2019 #37
not true stopdiggin Sep 2019 #4
It's worth reading Lawfareblog.com on this intrepidity Sep 2019 #2
thanks for a good explanation stopdiggin Sep 2019 #5
It said "shall" give the IG complaint to the Intel Committees of House and Senate. kentuck Sep 2019 #6
The GOPers had a similar inability to understand "shall" why Trump's tax returns spooky3 Sep 2019 #13
hahahahaha Larrybanal Sep 2019 #16
It's just more obstruction bucolic_frolic Sep 2019 #7
Breaking the law used to be a big deal. Today not so much. Pepsidog Sep 2019 #8
The lesson I hope democrats learn most from this episode is that "TWO CAN PLAY THIS GAME" ffr Sep 2019 #10
I kinda like the idea of the next Democrat banning Fox News and other nutjob right wing media from cstanleytech Sep 2019 #12
I wish. blm Sep 2019 #27
If he did it then of course he broke the law but there are some huge problems in the way of cstanleytech Sep 2019 #11
Pelosi is not bound to send the impeachment over to the Senate. It can sit 'til we get a new Senate. ancianita Sep 2019 #32
Horrifying. But we don't stand up to crimes and Laura PourMeADrink Sep 2019 #18
"Lede"? Fan of Da Bearse Sep 2019 #20
It is either --lede is traditional obamanut2012 Sep 2019 #24
As good an explanation as any: Stinky The Clown Sep 2019 #30
Why "lede," and not "lead"? ArcticFox Sep 2019 #21
It is what it is - lede is a well known word obamanut2012 Sep 2019 #25
Here is as good an explanation as any: Stinky The Clown Sep 2019 #31
I did not know that. RVN VET71 Sep 2019 #34
THEY BROKE THE FUCKING LAW malaise Sep 2019 #22
K&R, uponit7771 Sep 2019 #23
Yep. THEY BROKE THE FUCKING LAW. calimary Sep 2019 #26
This message was self-deleted by its author Chin music Sep 2019 #28
I agree that the law has been broken here, without question. RVN VET71 Sep 2019 #33
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