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Deleted Firsthand Knowledge Requirement For Whistleblowers Implicates Another Federal Agency
The Federalist ^ | SEPTEMBER 30, 2019 | Matt Beebe

Posted on 09/30/2019 3:53:19 PM PDT by george76

Was the ‘nonpartisan’ Congressional Research Service weaponized to force the House into a premature impeachment inquiry?

Sean Davis wrote Friday about a secret update to the intelligence community inspector general’s “Disclosure of Urgent Concern” complaint intake form. It revamped the procedure to allow hearsay complaints, while prior versions of the form had included an admonishment that the IC IG could not find a complaint credible without “reliable, first-hand information.” While it appears the IC IG has the statutory right to promulgate new procedures, the rationale for the change and the curious nature of the timing has still not been shared.

Compelling new evidence now shows that the purportedly nonpartisan Congressional Research Service (CRS) may have been weaponized to mislead members of Congress and the American people — all in the name of advancing the impeachment process against President Trump. It appears that misleading guidance about precisely how expansive the Intelligence Community Whistleblower Protection Act (ICWPA) is was incorporated into the report just as the current whistleblower controversy began to pick up steam.

These Kind of Report Revisions Are Highly Unusual.

...

Yes, the Statute Is Quite Specific on ‘Urgent Concerns’.

The updated CRS analysis inexplicably claimed that the statute was “not specific on who has the authority for determining whether a complaint, aside from its credibility, constitutes a matter of ‘urgent concern.’” This was one of only three assertions in the entire discussion of the ICWPA that wasn’t meticulously footnoted with the underlying statutory reference.

...

Something Fishy Seems to Be Going on Here.

It should concern every American that the timing and substance of the updated CRS analysis advances a particular partisan narrative at the expense of a clear application of the law

(Excerpt) Read more at thefederalist.com ...


TOPICS: Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: coup; coupplot; crs; deepstate; duc; espionage; gossip; hearsay; hearsaycomplaints; icig; icwpa; ig; impeachment; leakers; spygate; ukraine; urgentconcern; whistleblower; whistleblowerlaw
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To: george76

Is not the answer that the new version allows any person in any jurisdiction to claim to be a whistle blower?

Think of the attacks on Sara Palin and Judge Kavanaugh on steroids with hundreds of complaints, maybe thousands.

The president would spend so much time fighting them the government would come to a halt.


21 posted on 09/30/2019 5:21:11 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: george76; bitt; Liz
Riddle me this...

Office of the Inspector General of the Intelligence Community’s Statement on Processing of Whistleblower Complaints September 30, 2019

The Disclosure of Urgent Concern form the Complainant submitted on August 12, 2019 is the same form the ICIG has had in place since May 24, 2018, which went into effect before Inspector General Atkinson entered on duty as the Inspector General of the Intelligence Community on May 29, 2018, following his swearing in as the Inspector General of the Intelligence Community on May 17, 2018. Although the form requests information about whether the Complainant possesses first-hand knowledge about the matter about which he or she is lodging the complaint, there is no such requirement set forth in the statute. In fact, by law the Complainant – or any individual in the Intelligence Community who wants to report information with respect to an urgent concern to the congressional intelligence committees – need not possess first-hand information in order to file a complaint or information with respect to an urgent concern. The ICIG cannot add conditions to the filing of an urgent concern that do not exist in law. Since Inspector General Atkinson entered on duty as the Inspector General of the Intelligence Community, the ICIG has not rejected the filing of an alleged urgent concern due to a whistleblower’s lack of first-hand knowledge of the allegations.The
Complainant on the form he or she submitted on August 12, 2019 in fact checked two relevant boxes: The first box stated that, “I have personal and/or direct knowledge of events or records involved”; and the second box stated that, “Other employees have told me about events or records involved.”

Why the push to focus on the new form when it wasn't even used?
Looks like a head fake to me to distract from the fact that this a-hole declared that they had "personal and/or direct knowledge of events or records involved" when they didn't.

Just something to think about.

22 posted on 09/30/2019 5:34:02 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Blood of Tyrants

The entire Federal gov’t is now weaponized!

Does anyone have Liberal/Leftist friends? They are quite weird...secretive, paranoid towards conservatives. They work for the DNC in their county and hide what they do

Has anyone ever notice this?? I have noticed since the eighties.

They do hate us. NO I am not crazy. I just observe things


23 posted on 09/30/2019 5:57:38 PM PDT by Karoo
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To: george76; bitt; Liz
BTW...same link...part of the "who" in the 5 W's (Who, What, Where, When and Why) in the form change. In 2018, the ICIG formed a new Center for Protected Disclosures, which has as one of its primary functions to process complaints from whistleblowers under the ICWPA. In early 2019, the ICIG hired a new Hotline Program Manager as part of the Center for Protected Disclosures to oversee the ICIG’s Hotline. In June 2019, the newly hired Director for the Center for Protected Disclosures entered on duty. Thus, the Center for Protected Disclosures has been reviewing the forms provided to whistleblowers who wish to report information with respect to an urgent concern to the congressional intelligence committees. In the process of reviewing and clarifying those forms, and in response to recent press inquiries regarding the instant whistleblower complaint, the ICIG understood that certain language in those forms and, more specifically, the informational materials accompanying the forms, could be read – incorrectly – as suggesting that whistleblowers must possess first-hand information in order to file an urgent concern complaint with the congressional intelligence committees.

The ICIG’s Center for Protected Disclosures has developed three new forms entitled, “Report of Fraud, Waste, and Abuse UNCLASSIFIED Intake Form”; “Disclosure of Urgent Concern Form-UNCLASSIFIED”; and “External Review Panel (ERP) Request Form –UNCLASSIFIED.” These three new forms are now available on the ICIG’s open website and are in the process of being added to the ICIG’s classified system.

Just trying to answer my own questions, as it were.

24 posted on 09/30/2019 6:08:35 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: philman_36

Nice researching.


25 posted on 09/30/2019 6:12:07 PM PDT by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: bitt; Liz
In June 2019, the newly hired Director for the Center for Protected Disclosures entered on duty.

And who, you might ask, is the "newly hired Director for the Center for Protected Disclosures"?

You got me. Can't find hide nor hair of who this person is.

26 posted on 09/30/2019 6:15:31 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: philman_36; Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; ...

p


27 posted on 09/30/2019 6:21:14 PM PDT by bitt
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To: Liz
I've been greatly limited on my spare time of late.
Life happens! LOL
28 posted on 09/30/2019 6:21:33 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: george76

This has been said before, but is usually attributed to someone who has spent time in field operations:
The best thing that could ever happen within the agency would be for everyone operating in the field to be brought in and put behind the desks and all the drones behind the desks be sent to postings in warm sandy places where live rounds are flying... Then let natural selection take its course.


29 posted on 09/30/2019 6:44:04 PM PDT by Pennsyltucky Boy (bitterly clinging to our constitutional rights in PA)
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To: philman_36
A serious or flagrant problem, abuse, violation of the law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters.”

It still doesn’t matter which form was used. The very law either form is based on limits the IC DG’s and even the DNI’s jurisdiction to those employees in the INTELLIGENCE COMMUNITY. Their jurisdiction and the reporting requirement does not extend to the EPA, NASA, the US Geological Survey, the US State Department, the Department of Justice, and a host of other agencies over which they have zero jurisdiction. . . and among those areas where the DNI and his subordinate have ZERO oversight, ZERO authority, and over which they have even less than ZERO reporting ability on is their ultimate superior executive, the President of the United States, who at the time he was talking to a leader of a foreign nation, was wearing his ultimate leader of the Department of State hat, and who during that call temporarily picked up his ultimax chief law enforcement hat as leader of the Department of Justice.

The POTUS is NOT IN UNDER THEIR AUTHORITY and certainly not their jurisdiction, and the law does not give either of them the authority to eavesdrop on him and report his activities because the law specifically constrains them to "intelligence community members, present and past," especially the IC IG, as an agent of the Congress. That falls under the separation of powers. The act, as written, specifies that the IC IG is, in fact a quasi-agent of Congress. He cannot be reporting on the actions of the executive branch, who is the President, in such a manner, not Constitutionally.

Incidentally, the letter to the chairmen of both the House and Senate Oversight Committees was dated on August 12, contrary to this self-serving press release from the office of the IC IG. If he wrote his letter on August 12, about a phone call that occurred on July 25, and, as he claimed he took 14 days to determine credibility of the "whistleblower," AND the whistleblowe obviously took plenty of time to do his own thorough investigation, which appears to have included interviewing multiple supposed witnesses, and reviewing scads of news articles. . . and then after the IC IG, turns it over to the DNI, as he claims he did, with his recommendation of credible, and "urgent," and having jurisdiction for the new DNI’s (who took office after August 17th) statutory SEVEN DAY consideration, how is it that he wrote his letter disagreeing with the DNI’s decision to not transmit it to Congress as being outside the IC IG’S and DNI’S jurisdiction, as determined by a ruling from career legal counsel in the DOJ, on August 12th???? Something smells all the way to Pluto and back!

30 posted on 09/30/2019 7:49:03 PM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplaphobe bigot!)
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To: george76; bitt; Cboldt
***misleading guidance about precisely how expansive the Intelligence Community Whistleblower Protection Act (ICWPA) is was incorporated into the report just as the current whistleblower controversy began to pick up steam***

My question is: where exactly - in the Constitution or US Code - is it written that the Intel Community and/or its Inspector General has authoritative review over the acts or decisions of the POTUS?

The 'whistleblower' is to report on misdeeds they have knowledge of in the Intel community... but POTUS is not in the Intel Community - he is the boss of said community. Why are we allowing an anonymous tattler to judge the appropriateness of actions of POTUS?

Of course the answer is because it serves the purposeful schemes of the Demo'rat Party. Why should any more be said? Were the shoe on the other foot - where the Dems were on the receiving end - then it would be loudly proclaimed that the whistleblower had no standing and had exceeded their authority.

But then, what are the chances of a DS bureaucrat tattling on a Dem? When pigs can fly.

31 posted on 09/30/2019 8:16:17 PM PDT by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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To: Robert357

CRS used to be a first rate outfit. Another institution the progs have corrupted.


32 posted on 09/30/2019 8:28:39 PM PDT by AndyJackson
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To: BenLurkin

Bookmark


33 posted on 09/30/2019 8:29:48 PM PDT by ptsal
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To: george76
I sent an e-mail Sunday to the author of those 2 reports: (I'm guessing I'll probably have to file an FOIA to get the info)
R45431 - Community Whistleblower Protections in Brief  &
R45345 - Intelligence Community Whistleblower Protections

and asked him who requested these reports and when.

all y'all could email him here:

medevine@crs.loc.gov
Michael E. DeVine, Analyst in Intelligence and National Security

here are the reports:

Congressional Oversight of Intelligence: Background and Selected Options for Further Reform

Intelligence Community Whistleblower Protections

all this, just based on dates, sure smells like a set up...
34 posted on 10/01/2019 12:35:40 AM PDT by stylin19a (2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: philman_36

you get it. Check the first hand knowledge box, then the release of the complaint does not describe first hand knowledge anywhere.

I’ve tried to be all over this from the get go.
Things don’t smell right.
Base on this ICIG “clarification” why even have the “First hand knowledge” box in the first place ?


35 posted on 10/01/2019 12:39:51 AM PDT by stylin19a (2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: philman_36

https://www.govexec.com/management/2019/06/intel-community-watchdog-now-runs-revamped-whistleblower-center/157485/


36 posted on 10/01/2019 9:09:56 AM PDT by HollyB
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To: All

Democratic-Run House Creates New Whistleblower Ombudsman

“During their first hours controlling the House in the 116th Congress, Democrats on Jan. 3 and Jan. 4 pushed through an array of single-chamber rules changes that included creation of a long-sought Office of the Whistleblower Ombudsman.

By a 418-12 vote, the House on Thursday approved Title II of a larger resolution creating the position appointed by the chamber’s speaker and supervised by the House Administration Committee to “promulgate best practices for whistleblower intake for offices of the House.”

Creation of the office—still unfunded—was spearheaded by Rep. Jackie Speier, D-Calif., the co-chair of the bipartisan House Whistleblower Protection Caucus who in 2013 set up a whistleblower hotline to ease the way for agency employees who wish to disclose wrongdoing without jeopardizing their careers.

https://www.govexec.com/oversight/2019/01/democratic-run-house-creates-new-whistleblower-ombudsman/153975/


37 posted on 10/01/2019 9:35:21 AM PDT by HollyB
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To: stylin19a

Michael Atkinson explains here

https://www.google.com/amp/s/theconservativetreehouse.com/2019/09/30/icig-michael-atkinson-attempts-four-page-justification-for-changing-urgent-concern-whistle-blower-guidelines/amp/


38 posted on 10/01/2019 9:51:06 AM PDT by HollyB
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To: stylin19a

https://www.dni.gov/files/ICIG/Documents/News/ICIG%20News/2019/September%2030%20-%20Statement%20on%20Processing%20of%20Whistleblower%20Complaints/ICIG%20Statement%20on%20Processing%20of%20Whistleblower%20Complaints.pdf


39 posted on 10/01/2019 9:52:37 AM PDT by HollyB
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To: HollyB

“Michael Atkinson explains here”

imo michael atkinson pulls an adam schiff and makes a parody excuse for his questionable conduct after he is caught and called out on it.


40 posted on 10/01/2019 10:07:14 AM PDT by rolling_stone (no justice no peace)
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