Unpacking the Intelligence Community Whistleblower Complaint
By Robert S. Litt Tuesday, September 17, 2019, 12:37 PM
The original Whistleblower Protection Act of 1989 excluded employees of the intelligence community from its protections against retaliation. To remedy this exclusion, Congress in 1998 passed the Intelligence Community Whistleblower Protection Act, which was incorporated and updated when Congress created the Office of the Intelligence Community Inspector General (ICIG) in 2010. This law provides an avenue for intelligence community whistleblowers to raise concerns about activities that may violate law or policy, while ensuring the protection of classified information.
The statute authorizes the ICIG to “receive and investigate … complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety.”
It also provides procedures for a whistleblower to inform the congressional intelligence committees of an “urgent concern,” defined as, among other things, a “serious or flagrant problem, abuse, violation of law or Executive order, or deficiency” relating to intelligence activities and involving classified information. The statute requires that an intelligence community employee who wishes to make such a report first submit it to the ICIG, who must determine within 14 days whether it “appears credible.” The ICIG must then provide the DNI a copy of the complaint and his determination about its credibility.
According to the statute, within seven days of receiving such a transmittal from the ICIG, the DNI “shall … forward such transmittal to the congressional intelligence committees, together with any comments the [DNI] considers appropriate.” If the ICIG does not find the complaint credible, or does not transmit it accurately to the DNI, the employee may contact the congressional intelligence committees directly after notifying the ICIG of his or her intention to do so and obtaining direction from the DNI—through the ICIG—for how to contact the committees securely. The statute also allows an employee who has submitted a complaint to the ICIG to notify the congressional intelligence committees that he or she has done so and on what date.
Representative Hartzler (r) speaks on the issue of the whistle blower and Donald Trump’s (r) Ukraine scandal. As usual, Representative Hartzler (r) provides no evidence that she’s actually read the applicable statute.
Rep. Vicky Hartzler @RepHartzler
Speaker Pelosi’s impeachment inquiry against President Trump is just another political distraction to bring him down. Nothing shows this more clearly than her rush to call for an inquiry without having had access to the transcripts or any other information.
3:40 PM · Sep 24, 2019
And, as usual, there is much hilarity in the responses:
I think this issue has *evolved.*
Once again Rep. Hartzler shows that she is clearly #partyovercountry. Trump has committed numerous crimes as told by the Mueller report, blatant grifting and now this. But I wouldn’t expect anything else then sad deflection and desperately trying stay on this sinking ship.
Why would anybody in their right mind trust a transcript that came from this White House?
If extorting a foreign nation into meddling in our election isn’t an impeachable offense, I’d like for Vicky to clarify what illegal activity IS?
This isn’t even taking into consideration the multiple acts of obstruction Mueller detailed or the felonious campaign finance.
Hopefully the president will not block the release of the whistle blower complaint to the committee for review. Do you support that?
There’s a reason she doesn’t have the information. The White House illegal stonewalling will not be tolerated.
He and his lawyer admitted it on national television, Vicky.
History will laugh at you.
If there is a history.
How do you sleep at night?
Every senator, republican and democrat, on the intelligence committee is now calling for the release of the whistle blower complaint. Why are you complicit?
After Barr’s Mueller report summary- why would they trust anything he gives them? Why should we?
Q: Have they released the Whistle Blower complaint to Congress the way they’re legally obligated to do?
Q: Isn’t that breaking the law?
Q: What should we do when the President willfully breaks the law?
A: Impeach the motherfucker.
Same for you right? Just the President and his personal attorney admitting to illegal acts. Wake up!
There be #TreasonInTheWhitehouse
He confessed to it. You don’t believe him?
Vicky: I’m guessing @SpeakerPelosi’s decision was based on @realDonaldTrump’s own admissions during pressers. Did you miss those special moments? Also, @RudyGiuliani’s TV interview admissions.
Congratulations president Pence!!
Who wants to tell her that Trump admitted, on national television, to seeking help from Ukraine?
Said a woman supporting Trump
I hope your name is associated with Trump for all of eternity. You are complicit all if his crimes through your inaction.
This is quite untrue, they have been reviewing evidence… but by all means make stuff up. It’s not as though you represent the show me state…
He’s done a mountain of crimes that warrant impeachment. You’d do well to side with the law and not with a transnational crime syndicate masquerading as a government.
Glad to see you’re on record. Makes it easier to vote you out.
Still, it took a while.
Your letterhead looks like a store brand beer.
Now that you mention it…
How about Trump’s mouth with all the words that keep coming out?
Thanks for letting your constituents and the country know that you lack a moral compass.
Bribery and extortion is illegal.
Shame on you, Vicky Hartzler.
You just don’t get it do you?
When you vote in November, remember that Rep. Hartzler has supported a radical agenda and continues to unquestionably back this corrupt administration.
You’re both a threat to our country and constitution if you really believe this BS you spread
You do realize that by not releasing the whistleblower’s report to Congress, the president was actively breaking the law. Oh wait. Of course you do.
Well, now she does. If she reads this.
Wrong. While you folks have turned a blind eye to arguably the worst president in the past century or two, the list of reasons to pursue impeachment has grown very, very long. That you have ignored them tells us all we need to know about you. It’s time. Impeach. #ImpeachTrump
Why don’t you and your party just declare that the US is an Authoritarian state? I think that’s what it’s called when the government is no longer held accountable and is above the law.
You are a disgrace to Missouri and should not be an elected official. How far does the President have to go before you actually admit to his criminal wrongdoing?
Wake up! Your party is riddled with corruption!
You’re against the constitution and you’re against what is RIGHT for your own political gain. If any democrat was in office and has done what Trump has, you would be screaming your lungs out. You don’t fight for MO-04, you fight for your personal gain. You are disgusting.
Oh, silly Republican. And shame on you. Used to be about the rule of law decades ago. Now your party is only about personality and “our guy.” So sad. The only way you people have power is by cheating, lying and blocking everything in the non-representative Senate. SAD!
The complaint goes to the intelligence committees. By law. You are supporting the breaking of a law. You are a disgrace to this country.
Impeachment: Consciousness of Guilt (September 24, 2019)
Impeachment: Rep. Emanuel Cleaver (D) (September 24, 2019)