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Backdating the whistleblower rules change? Intel IG doesn't want to answer questions about it
American Thinker ^ | 10/07/2019 | Monica Showalter

Posted on 10/07/2019 7:57:38 AM PDT by SeekAndFind

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To: kiryandil

The swamp was NEVER drained. It is killing the USA.


21 posted on 10/07/2019 9:28:16 AM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: SeekAndFind
Davis reports that it turns out the rules weren't changed in August, they were changed in September

All irrelevant. Under the Adiminstrative Procedures Act, for a rule change there must have been notice in the Federal Register, public comment period, adjudication of the public comments and then a final rule-making. None of that was apparently done.

22 posted on 10/07/2019 9:29:52 AM PDT by AndyJackson
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To: SeekAndFind
Here's the IC IG's CYA letter explaining his reasoning for changing the form:

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

23 posted on 10/07/2019 9:32:44 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: Yo-Yo
It says in the form you linked to:

"In order to find an urgent concern “credible,” the IC IG must be in possession of reliable, first-hand information. The IC IG cannot transmit information via the ICWPA based on an employee’s second-hand knowledge of wrongdoing. This includes information received from another person, such as when a fellow employee informs you that he/she witnessed some type of wrongdoing.
24 posted on 10/07/2019 9:35:32 AM PDT by SeekAndFind (look at Michigan, it will)
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To: shanover
I expect that the serious Swamp drainage has something to do with the timing of the election.

You don't want to open the bomb bay doors until you're directly over target.

25 posted on 10/07/2019 9:36:35 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: SeekAndFind
That was the wording on the form. The IC IG explains:

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.

Thus, the IC IG decided post-submission, that firsthand knowledge was not required in the statute, therefore it shouldn't be required on the form.

As Col. Sherman T. Potter would say: "Horse Hockey!"

26 posted on 10/07/2019 9:41:52 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: semimojo

RE: Finally, the WB did claim to have direct knowledge and the IG agreed.

So, you’re telling us that the WB had DIRECT KNOWLEDGE of the so called quid pro quo and it was not from second hand sources?

How does this direct knowledge square with the transcripts released ?

Also, see here:

https://www.foxnews.com/transcript/devin-nunes-they-changed-the-firsthand-rule-for-this-whistleblower

(EXCERPT)

Devin Nunes just sent a letter to the Intel Community Inspector General demanding answers about how secondhand information was used to kick up this whole ordeal.

FROM HIS INTERVIEW WITH LAUEA INGRAHAM:

REP. DEVIN NUNES (R-CA): Well, I’m glad that we finally have a response from the IG. Remember, this leaked out last Friday. The DNI refused to respond to it. So finally, because of the pressure we’ve put on this morning, we’re getting an answer from the Inspector General.

But I would say this, Laura. I haven’t seen any evidence of that. So if he has firsthand knowledge, he or she has firsthand knowledge, what is that - where is that evidence? Just because the IG said so, they haven’t provided us that evidence.

And furthermore, he didn’t answer anything in that three-page press release, the questions that we asked in our letter today. So he has until Thursday to provide us the facts, the evidence, the emails. Why did they - because they admit that they changed this regulation. OK? This guideline, they changed it because of this whistleblower. He admits it in his own press release. So the mainstream media is trying to cover this up.

BACK TO YOU. So, you’re saying that Devin Nunes is blowing smoke and IG, Michael Atkinson was right all along? WHAT IS THIS NONSENSE ABOUT REQUIRING FIRST HAND KNOWLEDGE TO BE CONSIDERED A WHISTLE BLOWER WHEN ( as you claim ) THERE IS NO SUCH REQUIREMENT?

Are these Republican legislators ignorant about the rules?


27 posted on 10/07/2019 9:45:45 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

RB - rumorblower


28 posted on 10/07/2019 9:49:54 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: Yo-Yo; semimojo

RE: Thus, the IC IG decided post-submission, that firsthand knowledge was not required in the statute

See the post #19 above.

It is poster, semimojo’s contention that firsthand knowledge PRE-SUBMISSION was never required, and second hand knowledge has always been acceptable.

I want to get to the bottom of this.

Which is it?

Was first hand knowledge a requirement before? Or was it only added later as not a necessary requirement?

The IG, Michael Atkinson said second hand knowledge had always been acceptable to be considered a Whistleblower.

Reporters like Sean Davis and the Republicans congressmen insist that ONLY first hand knowledge was a requirement to be a whistleblower.

Who is right?


29 posted on 10/07/2019 9:54:29 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

if it was always allowed why make the sneaky change? check bank accounts payoffs...


30 posted on 10/07/2019 9:58:36 AM PDT by rolling_stone (no justice no peace and leakers)
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To: SeekAndFind
Was first hand knowledge a requirement before? Or was it only added later as not a necessary requirement?

First hand knowledge was a requirement on the form. The current IC IG decided that it was improperly included on the form because the underlying statute didn't require first hand knowledge.

The IG, Michael Atkinson said second hand knowledge had always been acceptable to be considered a Whistleblower.

We have always been at war with Eurasia.

31 posted on 10/07/2019 9:59:07 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: Yo-Yo

Great but said more rude was Alan Harper with, “BIOYA!”
https://www.youtube.com/watch?v=9EcZW17Qgcw


32 posted on 10/07/2019 10:06:12 AM PDT by GOYAKLA (Winning not whining!)
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To: SeekAndFind

First-hand knowledge is required for an “urgent concern”, which is a complaint that can be forwarded directly to congress. Second-hand knowledge can be used within the ICIG’s own system, but is not eligible for submission to congress until confirmed, I think.

I am curious as to why the ICIG decided that POTUS is within his jurisdiction, which is an explicit requirement from the statute.


33 posted on 10/07/2019 10:07:18 AM PDT by MortMan (Americans are a people increasingly separated by our connectivity.)
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To: semimojo

See Post #31 as it relates to impeaching the President.


34 posted on 10/07/2019 10:08:42 AM PDT by SeekAndFind (look at Michigan, it will)
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To: semimojo

I correct myself (sorry ).

See Post #33 as it relates to impeaching the President.


35 posted on 10/07/2019 10:09:28 AM PDT by SeekAndFind (look at Michigan, it will)
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To: Yo-Yo

RE: First hand knowledge was a requirement on the form. The current IC IG decided that it was improperly included on the form because the underlying statute didn’t require first hand knowledge.

So, you are saying that there was NO MALICE on the part of the IC IG, that what he did was a simple matter of correction in order to make the form compatible with a pre-existing statute?


36 posted on 10/07/2019 10:12:06 AM PDT by SeekAndFind (look at Michigan, it will)
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To: Yo-Yo

If this was simply a clerical error, then all the IC IG should say is this — “It was an oversight in the form, what I did was not a malicious attempt at backdating it, but to correct the form’s mistake”.


37 posted on 10/07/2019 10:14:07 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind
So, you’re telling us that the WB had DIRECT KNOWLEDGE of the so called quid pro quo and it was not from second hand sources?

No, I'm telling you that the IG claims to have determined that the WB had direct knowledge of some of the acts.

I don't know beyond that because that's all the ICIG said in his statement.

 So, you’re saying that Devin Nunes is blowing smoke and IG, Michael Atkinson was right all along?

Yeah, pretty much.

Again, if you look at what Nunes says he doesn't claim the form was changed for the whistleblower (although that's what he wants you to believe), he's saying it was changed because of the WB. I don't think Atkinson would even agree with that but it doesn't matter because the WB didn't use the new form and wasn't subject to new rules.

38 posted on 10/07/2019 10:27:00 AM PDT by semimojo
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To: MortMan
First-hand knowledge is required for an “urgent concern”, which is a complaint that can be forwarded directly to congress. Second-hand knowledge can be used within the ICIG’s own system, but is not eligible for submission to congress until confirmed, I think.

I think that's right and I know the IG determined that the WB had direct knowledge of some of the claimed acts.

It's all in the ICIG's statement I linked to up thread. I'm mobile now and can't cut and paste from a PDF or I'd post the text.

39 posted on 10/07/2019 10:31:48 AM PDT by semimojo
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To: SeekAndFind
Reporters like Sean Davis and the Republicans congressmen insist that ONLY first hand knowledge was a requirement to be a whistleblower.

Look at the ICIG's statement and the US Code he references in it. First hand knowledge isn't required for a whistleblower report under the law.

40 posted on 10/07/2019 10:35:34 AM PDT by semimojo
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