[ad_1]
The Acting Director of National Intelligence Services withholds a secret complaint from the House Intelligence Committee, as it involves outside conduct to spying agencies and does not meet the legal requirements for disclosure to Congress, according to letters obtained by NBC News.
But in doing so, the interim IDU, Joseph Maguire, acknowledges that he is overturning independent oversight of the intelligence community, which believes that the complaint should be returned.
The letters, written by Jason Klitenic, DNI's General Counsel, illustrate Maguire's story in what has quickly become an acrimonious conflict with Representative Adam Schiff, Chairman of the House's Intelligence Committee.
On Friday night, Schiff made the case public dramatically, announcing that he had issued a subpoena for a classified whistleblower complaint, alleging that he had been accused of being restrained illegally to protect President Donald Trump. On Tuesday, Schiff said Maguire refused to comply with the subpoena.
"The Interim NIC may either file the complaint in accordance with the law or be called to appear before the Committee to explain to the public why it is not complying with the letter of the law, including if the White House or Attorney General orders it to do it, "Schiff said in a statement Tuesday night." He has not yet provided the complaint in response to the Committee's subpoena, so I'm waiting for it. " appear Thursday, under subpoena if necessary. "
Current and former intelligence officials told NBC News that they were taken aback by Schiff's public escalation and his suggestion of acting in bad faith at Trump's request. Schiff refused to say he was aware of the nature of the complaint.
A member of the committee who declined to name his name stated that Schiff had been made public because he wanted to convey the following message: "Under no circumstances can there be any retaliation against this whistleblower".
Senator Mark Warner of Virginia, the highest democrat of the intelligence committee, was also informed of the whistleblower's complaint, but did not say anything publicly about it.
Maguire is a decorated retired Navy SEAL who was hired by Trump and confirmed by the Senate to head the National Counterterrorism Center before becoming an Interim DNI. He was "disappointed" that Schiff "has requested the production of sensitive and potentially privileged documents in less than two working days," said his lawyer in a letter sent Thursday to Schiff.
In a letter of 13 September, Klitenic explained the DNI's legal reasoning for the non-disclosure of the complaint.
The letter acknowledged that Intelligence Inspector General Michael Atkinson felt that the complaint was an "urgent concern" under the federal law that protects whistleblowers from the intelligence sector. In such circumstances, the law requires that the complaint be referred to congressional intelligence committees.
But when Atkinson sent the complaint to the DNI for review, the letter indicates that DNI officials have hesitated. According to the letter, the complaint did not meet the definition of the law because it concerned "behavior outside the intelligence community and did not concern any intelligence activity under the responsibility and authority of the DNI".
In his letter to Maguire accompanying the subpoena, Schiff described it as "a radical distortion of stature that completely disrupts the letter and the spirit of the law."
He said his staff thought it was the first time that the DNI was looking to override the Inspector General and to withhold a complaint from the Congressional Launcher.
Klitenic responded by quoting a 2010 Obama administration statement that "if this bill were read as giving intelligence community employees unilateral discretion to disclose classified information to Congress, it would be unconstitutional" .
He also cited a signing declaration by President Bill Clinton, whose signature had promulgated the law, according to which the law did not restrict the president's ability not to disclose classified information to Congress.
He added: "The information contained in this complaint … is of a different nature from that involved in all past cases of which we are aware. This complaint does not allege misconduct within the intelligence community and does not concern an intelligence activity under the authority of the DNI. In addition, as the complaint concerns confidential and potentially privileged communications from persons outside the intelligence community, the DNI is not unilaterally empowered to transmit such material to intelligence committees. Therefore, the DNI decided not to transmit this confidential information to intelligence committees. "
[ad_2]
Source link