Release the Memo - Timing

Vanity | January 31, 2018 | cboldt

[Cboldt]

Timing of the release of the so-called Nunes memo is under what the press refers to as an arcane rule of the House. Here is the rule.

Rules of the House of Representatives

RULE X - ORGANIZATION OF COMMITTEES

Permanent Select Committee on Intelligence
11. (a)(1) There is established a Permanent Select Committee on Intelligence ...

(g)(1) The select committee may disclose publicly any information in its possession after a determination by the select committee that the public interest would be served by such disclosure. With respect to the disclosure of information for which this paragraph requires action by the select committee -

(A) the select committee shall meet to vote on the matter within five days after a member of the select committee requests a vote; and

(B) a member of the select committee may not make such a disclosure before a vote by the select committee on the matter, or after a vote by the select committee on the matter except in accordance with this paragraph.

(2)(A) In a case in which the select committee votes to disclose publicly any information that has been classified under established security procedures, that has been submitted to it by the executive branch, and that the executive branch requests be kept secret, the select committee shall notify the President of such vote.

(B) The select committee may disclose publicly such information after the expiration of a five-day period following the day on which notice of the vote to disclose is transmitted to the President unless, before the expiration of the five-day period, the President, personally in writing, notifies the select committee that the President objects to the disclosure of such information, provides reasons therefor, and certifies that the threat to the national interest of the United States posed by the disclosure is of such gravity that it outweighs any public interest in the disclosure.

(C) If the President, personally in writing, notifies the select committee of objections to the disclosure of information as provided in subdivision (B), the select committee may, by majority vote, refer the question of the disclosure of such information, with a recommendation thereon, to the House. The select committee may not publicly disclose such information without leave of the House.

Brief analysis and remarks.

Release of the memo is a committee-driven process, not a White House driven process. Timing is on the committee's schedule, not the presidents. The rule has no provision for presidential approval, only for presidential objection.

Note that the right to object is personal to the president, and must be in writing. The committee has to wait five days.

Note too the standard for objection. The objection must certify that "the threat to the national interest of the United States posed by the disclosure is of such gravity that it outweighs any public interest." Don't look for the press to inform you of that standard.

Finally, it is NOT in the president's interest to put anything in writing on this subject. The press has labeled Nunes as hyper-partisan. If Trump communicates a go-ahead, especially as such a mechanism doesn't exist in the rules, the press will report that he too is hyper-partisan on this subject.

[Cboldt]

President Donald Trump was overheard telling a lawmaker on Tuesday he "100%" plans to release a controversial memo alleging the FBI abused its surveillance tools.

The President was responding to Rep. Jeff Duncan's entreaty to release the document as he departed a packed House chamber following his first State of the Union address.

"Mr. President, let's release the memo," Duncan, a South Carolina Republican, was heard asking Trump on a live camera feed from the House floor.

"Don't worry, 100%" Trump responded. "Can you imagine?"

Trump overheard saying he'll '100%' release Nunes memo - CNNPolitics

Notice the lie in the headline and the article, that Trump will release the memo. The press is despicable.

[Cboldt]

I’ll be shocked if the Nunes memo or the Schiff memo in rebuttal (maybe a week later) have any redaction.

[smileyface]

100%
https://www.youtube.com/watch?v=Cfn_sAtozmI&feature=youtu.be

[Diogenesis]

[Old Retired Army Guy]

I think Sarah Sanders should pass out copies of the memo with little or no comment in Thursday’s press briefing.

[TXnMA]

"By following the law, the Republicans blocked the Democrat's memo that would have projected all blame onto Trump. "

As I read the rule:

1. The committee has not voted to release the leftists' version of the memo.

2. If the committee does so vote (and, I believe they should --- eventually) President Trump will have the right to object to it.

3. There will then be a five-day waiting period before the dem version can be published.

4. That means that any release of the dem version -- as things now stand -- will be a violation of House rules -- unless the above, drawn-out delay process is initiated by Committee vote.

5. IF Schiff-for-brains -- or anyone else -- publishes the Dem version before the above process has been allowed to operate -- will the member who released it be subject to censure by the House?

(Appears to me that Schiff-for-brains has got himself into a "catch-22 'gotcha'" position... LOL!!!)

[gibsonguy]

“I’ll bet Friday night is the uniparty’s preference.”

I think the uniparty’s preference is to not release it at all so don’t be surprised if they don’t. I think they are waiting while hoping a rat Judge will step in and block it citing “classified content”. Ryan was out there praising Rosenstein yesterday and saying the GOP shouldn’t over its hand..as if.

[Cboldt]

You've got it generally right.

(4) The Committee on Ethics shall investigate any unauthorized disclosure of intelligence or intelligence-related information by a Member, Delegate, Resident Commissioner, officer, or employee of the House in violation of subparagraph (3) and report to the House concerning any allegation that it finds to be substantiated.

(5) Upon the request of a person who is subject to an investigation described in subparagraph (4), the Committee on Ethics shall release to such person at the conclusion of its investigation a summary of its investigation, together with its findings. If, at the conclusion of its investigation, the Committee on Ethics determines that there has been a significant breach of confidentiality or unauthorized disclosure by a Member, Delegate, Resident Commissioner, officer, or employee of the House, it shall report its findings to the House and recommend appropriate action.

Recommendations may include censure, removal from committee membership, or expulsion from the House, in the case of a Member, or removal from office or employment or punishment for contempt, in the case of an officer or employee.

[DoodleDawg]

before it maybe, to steal the oxygen...

Wouldn't surprise me in the least.

[Bigg Red]

Thank you for that explanation and analysis.

[trebb]

Possibly today but I’m guessing tomorrow...can’t wait for it...

[Damifino]

There is another brilliant and interesting Trump move in this chess game. The Nunes summary (it is a summary, not a memo) was reviewed for accuracy by the FBI. As I understand it the FBI was also asked to weigh in on classified content.

I think we should expect the Schiff rebuttal to undergo the same scrutiny before its release. I am guessing the Schiff document won't fare as well.

[Fester Chugabrew]

The press is despicable.

---

The press has a tendency - like liberals in general - to take what may be implicit and turn it into something explicit. To them, in not objecting to the memo’s release, Trump is in effect releasing the memo. They and their sycophants will pound home that notion while claiming “irresponsibility” as the chief characteristic. It’s like a kid who punches his older brother in the mouth and then accuses him of assault.

[PghBaldy]

Someone should tell Rush. He thinks it is something Trump can release on his own.

[Cboldt]

-- It's like a kid who punches his older brother in the mouth and then accuses him of assault. --

As if that would ever happen.

[Cboldt]

-- Someone should tell Rush. He thinks it is something Trump can release on his own. --

A good chunk of what passes for "informed commentary" is rehashing somebody else's contention, without bothering to do any independent research. Antoehr good chunk is misleading advocacy, and that sort of crap is liberally applied by both sides.

Funny thing is that it takes the smallest sliver of thought and question to "see the light" on this. Whose work product are we talking about here? The committee's, or Trump's?

One never hears about Congress releasing WH legislative proposals simply because that is obviously ludicrous on the face. Did Congress release the WH infrastructure propsal? Immigration proposal? LOL. Of course not.

It's just as ludicrous to propose that the WH is going to release a congressional report.

[AlphaOneAlpha]

You have it right, D.D.

[PapaBear3625]

Or, if they do, it'll be after 5PM on Friday, which apparently is the preference for an embarrassing document dump.

Notice was given on late Monday. Monday plus 5 days brings us to Saturday. So it will either be Saturday (in time for the Sunday morning talk shows), or more likely next Monday morning.

[Road Warrior ‘04]

Today would be great day to release the memo. The media and democrats, I repeat myself, are still fuming over the SOTU stem winder and won’t know what hit them!

[Cboldt]

Considering the entity that will be doing the public disclosure, the House Permanent Select Committee on Intelligence, I don't foresee a public disclosure of the full memo until Monday. That said, members of the House (they've all had an opportunity to read it) will be free to disclose what's in it during the Sunday morning talk shows.