New Docs: Intel IG Complained That DOJ, DNI Blocked Help To Trump Whistleblower

WASHINGTON, DC - SEPTEMBER 19: Ranking Member of the Permanent Select Committee on Intelligence Devin Nunes (R-CA) (L) arrives at the Capitol before the committee meeting with Acting Director of National Intelligence Joseph Maguire on September 19, 2019 in Washington, DC. Acting Director Maguire is set to meet with members of the House Intelligence Committee over a recent whistleblower complaint against President Donald Trump by an intel analyst. (Photo by Samuel Corum/Getty Images) *** Local Caption *** Devin Nunes
Rep. Devin Nunes (R-CA) arrives at the Capitol in September 2019. (Photo by Samuel Corum/Getty Images)
Start your day with TPM.
Sign up for the Morning Memo newsletter

The Intelligence Community Inspector General told Congress he was being blocked from giving a whistleblower a way to securely tell the House about allegations that reportedly deal with a promise the President made to a foreign leader, according to a newly released batch of letters.

The House Intelligence Committee released two letters on Thursday written by ICIG Michael Atkinson. The first letter — sent on Sept. 9 — discloses the existence of a whistleblower complaint while the second — sent on Sept. 17 — tells lawmakers that Atkinson has “not been authorized” to help the whistleblower disclose information, or to provide “basic information” about the complaint to Congress.

Saying the substance of the complaint “relates to one of the most significant and important of the DNI’s responsibilities to the American people,” Atkinson described in the Sept. 17 letter “disagreement” between himself, the Justice Department, and acting Director of National Intelligence Joseph Maguire.

“I have requested authorization from the Acting DNI to disclose, at the very least, the general subject matter of the Complainant’s allegations to the congressional intelligence committees,” the letter reads. “To date, however, I have not been authorized to disclose even that basic information to you, in addition to the important information provided by the Complainant that is also being kept from the congressional intelligence committees.”

By law, Maguire is required to transmit complaints that meet a standard of “urgent concern” to Congress after review by the ICIG. In this case, reporting indicates, the matter of “urgent concern” refers to an alleged “promise” that President Trump made to an unnamed foreign leader.

The acting DNI is also required to provide guidance to the whistleblower on how to securely transmit information directly to Congress upon request, in a process that goes through the ICIG.

In this case, Atkinson wrote, Maguire has refused to provide information on how the whistleblower can securely pass sensitive information to Congress. Atkinson also expressed worry for the whistleblower’s protection from “reprisal or the threat of reprisal.”

The ICIG said that while Maguire had provided a “personal assurance” that the tipster’s identity would be protected, that wasn’t enough. Rather, Atkinson wrote, the tipster needs “the legally enforceable statutory protection previously available to whistleblowers in the Complainant’s situation.”

Atkinson added that the DNI’s decision “may reflect a gap in the law that constitutes a significant problem and deficiency concerning the DNI’s responsibility and authority — or perceived responsibility and authority — relating to intelligence programs or activities.”

He said that Maguire’s position was “affecting the execution of two of my most important duties and responsibilities.”

The letter came on Tuesday, the same day that Maguire refused a subpoena issued by House Intelligence Committee Chair Rep. Adam Schiff (D-CA) for the whistleblower’s complaint.

Maguire had argued that the complaint was not a matter of “urgent concern” because it dealt with someone outside the intelligence community and focused on an activity outside the DNI’s supervision.

It’s unclear if the activities described in reporting since then — Trump promising a foreign leader something alarming enough to trigger this complaint — comport with Maguire’s argument.

In the Sept. 9 letter initially informing Congress of the matter, Atkinson noted that the DNI’s handling of the issue “does not appear to be consistent with past practice.”

Atkinson also wrote that he disagreed with the Justice Department’s “analysis of the facts” in the situation, referencing a Sept. 17 letter he sent to the DOJ outlining his position.

Read the first letter where the IG told Congress about the whistleblower here:

Read the letter Atkinson sent on Tuesday here:

Notable Replies

  1. Avatar for nemo nemo says:

    This is a smoking gun as far a Barr’s fitness for office is concerned. Comey was fired for non-compliance with regulations. Barr should be impeached.

  2. I guess GITMO will be needing to put out their “Rooms Available” sign if these guys threatening Trump can’t take a hint.

  3. Avatar for ur ur says:

    Remember the days when Republicans b*tched and moaned about Obama being an “Imperial President.” Good times, good times.

    If Hillary Clinton was President and proceeded to do everything that Trump has done the past three years, Republicans would have been impeached her 377 times by now.

  4. Avatar for surge surge says:

    “Maguire had argued that the complaint was not a matter of “urgent concern” because it dealt with someone outside the intelligence community and focused on an activity outside the DNI’s supervision.”
    If it’s something outside of his supervisory mandate, how can he disclose it to DOJ but block it from the intelligence committees? Makes no sense.

  5. The plot sickens…

Continue the discussion at forums.talkingpointsmemo.com

461 more replies

Participants

Avatar for austin_dave Avatar for mattinpa Avatar for jackster Avatar for steviedee111 Avatar for rollinnolan Avatar for sniffit Avatar for chelsea530 Avatar for ralph_vonholst Avatar for leftcoaster Avatar for katwillow Avatar for fiftygigs Avatar for darrtown Avatar for tena Avatar for jtx Avatar for castor_troy Avatar for carolson Avatar for csurz420 Avatar for zillacop Avatar for c_stedman Avatar for paul_lukasiak Avatar for haddockbranzini Avatar for dicktater Avatar for randome Avatar for emiliano4

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: