Replies

From what I understand, it looks like someone retroactively changed the rules and the form to allow the complaint. When both the complaint and the rule change are outside the scope of the ICWPA.

They didn’t even do it retroactively. The didn’t backdate their changes. They merely left the date of their changes OFF the new form, hoping no one would notice that everything took place before the form change occurred and that we are too stupid to ask why there’s no day on a form that requires a day/month/year for a form revision date. They were either sloppy, or there was no way they could do it retroactively in the records.

The Law that governs the reporting of Urgent Concerns has a specific timeline from when a whistleblower submits report to the Intelligence Community Inspector General (IC IG). Once the IC IG receives the complaint, a 14 day calendar starts dropping pages before the IG must make a determination of credibility or not, and then report his determination of Credibility to the Director of National Intelligence (DNI). At that point, another 7 day calendar starts shedding its pages, at the end of which the DNI must make the determination if the matter is, or is not, an Urgent Matter, according to the criteria as outlined in the same law. IF he determines it is, he MUST notify the House and Senate Intelligence Oversight Committees that there is an Urgent Concern for their attention and oversight. That’s a total of 21 days from the time the whistleblower IN the Intelligence Community reports suspect or wrong doing by someone else IN the Intelligence Community.

In the past, the IC IG and the DNI have reported even routine, and often non-credible whistleblower reports to the oversight committees as a matter of routine. This time it was different because the whistleblower complaint was different.

First of all, the whistleblower was NOT reporting something he/she knew first-hand. He/she was reporting rumors and second-and-third-hand reports that he/she apparently investigated on his/her own, completely absent any first-hand knowledge, apparently arrogating to him/herself the investigative job of the IG. Secondly, the person being reported was by no stretch of facts or even opinion, a member of the Intelligence Community, but someone completely outside of the jurisdiction of the IG and even the DNI. Thirdly, the reported event spilled over into the area of separation of powers. The IC IG arrogantly assumed he DID have authority to report that person’s activities to Congress. The DNI, and the career legal-counsel lawyers in the DOJ said he did not.

Let’s look at the time line:

July 25, 2019 — President Trump’s conversation with the leader of Ukraine
July 29, 2019 — DNI Dan Coates announces his retirement effective August 15, 2019.
August 8, 2018 — President Trump announces the resignation of Assistant Director of National Intelligence Sue Gordon effective August 15, 2019
August 8, 2019 — President Trump announces the naming of Vice Adm. Joseph McGuire (ret.) as the new Acting Director of National Intelligence effective August 15, 2019
August 12, 2019 — Date of the complaint filed with the IC IG about Trump’s call to Ukraine’s leader. Complaint is on old form dated 24MAY18, but with full six-page complaint attached with many lengthy footnotes in legal form as though written with the assistance of legal counsel. 14 day alendar starts shedding pages.
August 12, 2019 — Date on the letter written by IC IG Atkinson to both chairmen of the House and Senate Oversight Committees complaining about the DNI’s decision and delaying sending an “Urgent Concern” to their committees. (SAY WHAT?!)
August 15, 2019 — DNI Dan Coats and Assistant DNI Sue Gordon step down. DNI Joseph McGuire takes the reins as head of all National Intelligence Agencies. IC IG day 3 on calendar countdown of whistleblower complaint. 11 days to go before IG Atkinson transmits complaint to DNI McGuire for his determination of “Urgency.”
August 2019 — Someone took the opportunity in this time of chaos to revise the Form 401, the “Urgent Concern Disclosure Form”
August 26, 2019 — IC IG transmits whistleblower complaint to DNI McGuire for review and determination of “Urgent Concern” or not. New 7 day calendar starts dropping its pages on the floor.
August 27-29, 2019 — DNI McGuire reviews whistleblower complaint and brings in the Intelligence Community Legal Counsel, who advises him that the President is not a member of the Intelligence Community and does fall under jurisdiction of the IC IG, and does NOT meet the statutory requirements of the IC IG empowering act and is therefore not under the jurisdiction of either the DNI, the IC IG, or the requirements of the “Urgent Concern” provisions. Day 6 through 4 of the countdown calendar have fallen.
August 30, 2019 —The new DNI decides to have his decision that this is not a matter they can refer to the Congressional Oversight Committees, reviewed by the Department of Justice Legal Counsel’s office for assurance he is correct. The 3rd day has fallen, but remember these are not business days, but calendar days according to the statute, and August 30th is a Friday. Countdown days 2 through 1 fall on a Saturday and Sunday, and as we all know, nothing happens in DC on a weekend, blowing the rest of the critical time.
August 30, 2019 — Per the later testimony of DNI McGuire before the House Oversight Committee, when it became apparent that the DOJ career lawyers would not be able get through with legal review in sufficient time for the calendar, although he had already determined to his satisfaction that it was not an “Urgent Concern,” requiring transmission to Congress, through an excess of caution, the DNI wrote to the Chairmen of the two committees and informed them there was a possible “Urgent Concern” that was being referred to the DOJ and FBI for their consideration and that he would need one more week for their determination if it was any concern at all. Both chairmen granted the week’s delay. 7 day Clock reset.
August 30, 2019 — at an unknown time slightly before or slightly after this date — Apparently, the IC DG, or to be fair, someone in his office, transmitted the complaint and the IC IG’s own complaint letter to Congress without the approval of the DNI or the Department of Justice. . . Possibly to Rep. Adam Schiff on August 12, 2019, the date on the letter. Official date of transmission is claimed to be:
September 6, 2019 — IC IG Atkinson bypasses the DNI and DOJ to transmit complaint to Congress.

Note that a lot of this, including the re-writing, re-creation of the now infamous form occurred during the vacuum of a complete shift in top leadership at the DNI office. Someone took advantage of that vacuum.