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In reply to the discussion: Most of the country has been burying the lede on the Ukraine call / whistleblower story [View all]intrepidity
(8,590 posts)2. It's worth reading Lawfareblog.com on this
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 DNIs 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 ICIGs determination that something is a matter of urgent concern. In this case, however, it appears that the DNI went to the Department of Justices 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 presidents 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 Trumps 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 privilegeand in particular whether it would protect communications that might constitute briberyis 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 whistleblowers complaint, if the president has offered financial incentives in an attempt to enlist a foreign power against his political opponents, the public needs to knowby one means or another.
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Most of the country has been burying the lede on the Ukraine call / whistleblower story [View all]
Stinky The Clown
Sep 2019
OP
You are right! And the second most important story is Pelosi failing to address the crime
DemocracyMouse
Sep 2019
#1
Please point out just exactly where it says Pelosi is ordering the arrest of of the DNI head
LiberalLovinLug
Sep 2019
#9
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
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
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