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Release the Memo - Timing
Vanity | January 31, 2018 | cboldt

Posted on 01/31/2018 3:48:09 AM PST by 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.


TOPICS: Constitution/Conservatism; FReeper Editorial; Government
KEYWORDS: releasethememo
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To: Cboldt

Thanks. Facts are actually better than idle speculation.

Committee voted to release on 1-29-18, making the fifth day thereafter to be 2-3-18. This President likes to give the media sticks to beat him with as a way of distracting them, but I hope he will refrain this time.

An upside of waiting is that Schiff will feel major pressure to leak his rebuttal memo to get ahead of the real Memo, and will probably act on it. Getting there the firstest has its advantages, but in this case it would limit the Dems ability to criticize the Reps for using the legitimate process, and cause the leftists to make foolish statements that the real Memo will immediately overrun (a classic Trump maneuver).


41 posted on 01/31/2018 6:12:43 AM PST by Chewbarkah
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To: Cboldt

At this point I hope he waits till Monday.

Burying this in a Friday afternoon document dump would not be helpful.


42 posted on 01/31/2018 6:24:21 AM PST by Buckeye McFrog
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To: Cboldt

Since the memo is a work product of the Legislative Branch, not the Executive Branch, the decision to release it to the public should rest entirely with the Legislative Branch not the Executive Branch. My 2 cents worth.


43 posted on 01/31/2018 6:32:10 AM PST by lakecumberlandvet (Appeasement never works.)
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Thanks anon on 8chan for pointing to this thread!
44 posted on 01/31/2018 6:36:02 AM PST by Cboldt
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To: gibsonguy; mewzilla
“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.
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
It is possible to read that as requiring a wait until Saturday (I did, so it is possible).

IMHO, to it strains credulity to the breaking point to suppose that the committee would vote to release the memo - and then decline to actually do so after going through all the necessary hoops (which I thought included a vote by the whole House) to enable it to do so.

I think they are waiting while hoping a rat Judge will step in and block it citing “classified content”.
  1. Who brings the issue before what court???? A member of the minority of the committee is going to sue the majority, and be granted standing?

  2. Who punishes the Congressman who "leaks” the memo in defiance of this putative court? And once it is leaked and your constituents know its contents, how do you explain to your voters why they shoulda been kept in the dark?

45 posted on 01/31/2018 6:41:32 AM PST by conservatism_IS_compassion (Presses can be 'associated,' or presses can be independent. Demand independent presses.)
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To: smileyface

https://www.youtube.com/watch?v=Cfn_sAtozmI


46 posted on 01/31/2018 6:46:03 AM PST by vette6387
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To: Cboldt

“Seriously, is it your contention that a verbal remark in response, satisfies the rule posted in the OP?”

No, but it’s a clear indication of his intent. From what you wrote, i’d advise a “chill pill,” because you’re really wrapped around the axle on “process.” Do you think Trump really gives an $hit about what the press might or might not say?


47 posted on 01/31/2018 6:49:38 AM PST by vette6387
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To: 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.

I agree. The actual wording of the rule ("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") implies that on the next committee meeting following the Saturday expiration of the waiting period, they would meet, take notice of lack of objection by the President, and then vote to release the memo. So it would be Monday.

48 posted on 01/31/2018 6:58:26 AM PST by PapaBear3625 (Big governent is attractive to those who think that THEY will be in control of it.)
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To: PapaBear3625

Yesterday or perhaps Monday while visiting Fox and Friends on the roof, Sarah Huckabee C. said it will be released on monday.


49 posted on 01/31/2018 7:03:45 AM PST by Thibodeaux (2018 is looking goodans)
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To: DoodleDawg

You hit the nail on the head!


50 posted on 01/31/2018 8:23:21 AM PST by Harpotoo
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To: Chewbarkah
An upside of waiting is that Schiff will feel major pressure to leak his rebuttal memo to get ahead of the real Memo, and will probably act on it.

Lee Zeldin is a Republican member of the House Intelligence Committee. He voted to release the Nunes memo and then took to the floor of the House in response to Schiff last night.

In the interest of transparency, the American people must have access to this [four-page Nunes] FISA abuse memo immediately, and I applaud my colleagues on the House Intel committee for their commitment to shedding light on the gross FISA abuse detailed in this memo. Releasing this classified information will not compromise good sources and methods. It will, however, reveal the feds’ reliance on bad sources and methods. President Trump should immediately sign off on the release of this memo to the American public.

With regards to the House Democrats’ call for a vote to publicly release immediately an alleged new memo by Rep. Adam Schiff, it is crucial to note that the House Democrats did not offer the majority members of the Committee any opportunity whatsoever to review this memo prior to tonight’s vote for its immediate declassification and release. I, for one, (1) haven’t seen the Schiff memo; (2) have no idea what it says; (3) am not aware of it being made available to anyone in the House before now; and ([4]) can’t confirm it even actually exists yet. The opposite is true for the FISA abuse memo that was made available to House members the week before last.

It appears that the House Intelligence Committee in fact voted to initiate the same process to release the Schiff memo as it followed on the Nunes memo. The memo must first be released to all 435 members and allow the time for the review. It must then go to the WH just as the Nunes memo did.

If Schiff or the Dems leak the contents of the memo, they will be subject to criminal prosecution.

51 posted on 01/31/2018 9:02:20 AM PST by kabar
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To: lakecumberlandvet
Since the memo is a work product of the Legislative Branch, not the Executive Branch, the decision to release it to the public should rest entirely with the Legislative Branch not the Executive Branch. My 2 cents worth.

The decision still rests entirely with the Legislative Branch. It is the Legislative Branch that came up with the rules that allows the Executive Branch to review the documents prior to the Legislative Branch releasing the documents. If the Executive Branch objects, the Legislative Branch can overrule the objection thru a full vote of the House.

52 posted on 01/31/2018 9:06:42 AM PST by kabar
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To: Cboldt

Bumping to the top so the night crew can get the timing correct.


53 posted on 01/31/2018 4:59:13 PM PST by blu (If you don't read the story at the link, don't comment. (Except for Laz...))
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To: Dixie Yooper

A total LIE!


54 posted on 02/01/2018 6:34:16 PM PST by high info voter (Liberal leftists would have "un-friended" Paul Revere!)
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To: high info voter
A total LIE!

Gore embellished. Obama misspoke. Hillary isn't available. The DNC projects. Lie is such an ugly word...

55 posted on 02/02/2018 4:42:34 AM PST by Dixie Yooper (Ephesians 6:11)
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