Whistleblower Protection, House Intelligence Committee, Adam Schiff, Michael Atkinson, Congress, İntelligence Community, Chuck Grassley, The Trump Administration

Whistleblower Protection, House Intelligence Committee

'A deficiency in the law': How Trump accidentally exposed a whistleblower loophole

'A deficiency in the law': How Trump accidentally exposed a whistleblower loophole


'A deficiency in the law': How Trump accidentally exposed a whistleblower loophole

What happens when the administration won't tell Congress about a whistleblower complaint regarding the president? The answer to the once hard-to-fathom question is complicated.

“There’s no doubt that the current situation has identified a deficiency in the law because it wasn’t contemplated that there would be a refusal to transmit at least some information to Congress,” said Mark Zaid, a national security lawyer who represents whistleblowers.

“I wouldn’t be concerned just about these reports. I only get worked up when there doesn’t appear to be cooperation on whistleblowing,” Grassley said. He also noted that because the complaint involves the president, the information could be “constitutionally privileged.”

Story continuesBut Atkinson may be legally prohibited from sharing details of the complaint with the committee because of Maguire’s decision to withhold the information from Congress. According to Schiff, Maguire intervened to block the documents from being transmitted to lawmakers. Instead, Maguire diverted the complaint to the Justice Department, explaining to the committee that because the issue involved someone outside the intelligence community, it might involve matters of confidentiality and privilege.

“If [Schiff] wants to engage in a conversation before all the facts are on the table, that’s his prerogative,” said Rep. Mike Conaway (R-Texas), a member of the House Intelligence Committee. “Until we know the facts and understand what happened, it's premature for me to speak to anything other than we're looking at the issue.”

But once the DNI steps in, that workaround clause is essentially nullified. The whistleblower isn’t supposed to go to the committee in that scenario, and the IG’s hands are arguably tied.

The fact that Maguire is now trying to usurp Atkinson’s sole authority to determine whether this whistleblower’s complaint is both credible and matter of urgent concern “is a body blow to the intelligence community inspector general’s independence,” McCullough added.

Atkinson himself seemed to agree, characterizing the standoff as a possible symptom of a law that can be exploited in a letter to the House Intelligence Committee on Tuesday. Maguire’s move, he wrote, “may reflect a gap in the law that constitutes a significant problem and deficiency concerning the DNI’s responsibility and authority ... relating to intelligence programs or activities.”

Maguire made the call to redirect the complaint after consulting with the Justice Department. The DNI’s general counsel, Jason Klitenic, also determined that because the complaint doesn’t involve someone “within the responsibility and authority” of the intelligence community, it can’t be deemed “urgent” and therefore doesn’t require transmittal to lawmakers.

To several whistleblowing attorneys, Atkinson’s decision to alert the committee about the complaint — even if he wouldn’t divulge any information about it — was its own form of whistleblowing.

Still, because of the privilege issues at play and the legal loopholes, it’s theoretically possible that Congress could never see the actual complaint. That’s especially true because the invocation of executive privilege in this way is “consistent” with how past administrations have handled such issues, Zaid noted.

Read more: Yahoo News

Democrats are saying the administration — not the law — is to blame.

Judge orders Trump to testify in trial over 2015 protest outside Trump TowerA New York judge on Friday ordered President Donald Trump to provide video testimony as part of an upcoming lawsuit brought by protesters who say they were assaulted by Trump's security guards during a 2015 protest outside of Trump Tower. Ok these judges need to be removed 2015 really our president needs to be able to run the county these attemps to derail agenda are hurting America. Rudy needs to start filing law suits right away to stop this assault Sorry Brother or it’s Jail time

Taxpayers are paying 'Trump hotel' prices to keep an empty child detention center running, congressman says'Why is the government bankrolling a shuttered facility on behalf of a for-profit company?' asked Representative Mark Pocan of Wisconsin. If they have to pay this much in a detention center then Trump should be forced to allow them to stay in his hotels. Touche to the Clown in Chief! Donald 'Don the Con' Trump has incorporated America into his business must pay her part of his profits

Lawmakers Court Trump on Gun Safety, With Some Appealing to His EgoWASHINGTON -- In a phone call with President Donald Trump about gun safety legislation last week, Sen. Joe Manchin made an unusual offer: If Trump signed onto a background check bill that he and Sen. Pat Toomey have been pushing for six years, the president could claim the naming rights for himself.&

Trump, Scrutinized Over Interaction With Ukraine, Still Calls for Biden ProbePresident Trump pressed on with calls for an investigation into former Vice President Joe Biden after The Wall Street Journal reported that Mr. Trump repeatedly pressured his Ukrainian counterpart to undertake such a probe. So name the crime he committed? Good. Democrats have been threatening to throw Don Jr in prison for 3yrs now. Hunter Biden is fair game ?

Giuliani Revels in Another Cable Dust-up Defending TrumpRudy Giuliani does not check with President Trump or anyone in the White House before booking himself on television (the White House declined to comment about his appearance this week) 😆 Oooooooopsy 😉

Ukraine minister denies Trump put pressure on Zelenskiy during call: reportCNN realDonaldTrump

Write Comment

Thank you for your comment.
Please try again later.

Latest News


22 September 2019, Sunday News

Previous news

Antonio Brown says he will not play in the NFL anymore

Next news

Chasten Buttigieg goes from opening act to fundraising star
Previous news Next news