If Longstanding Rules Won't Get Trump, Change The Rules

This time we'll get that wascally Twump fer sure. I feels it in my bones.

Between May 2018 and August 2019, the intelligence community secretly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings. The new complaint document no longer requires potential whistleblowers who wish to have their concerns expedited to Congress to have direct, first-hand knowledge of the alleged wrongdoing that they are reporting.

The internal properties of the newly revised “Disclosure of Urgent Concern” form, which the intelligence community inspector general (ICIG) requires to be submitted under the Intelligence Community Whistleblower Protection Act (ICWPA), show that the document was uploaded on September 24, 2019, at 4:25 p.m., just days before the anti-Trump complaint was declassified and released to the public. The markings on the document state that it was revised in August 2019, but no specific date of revision is disclosed.

A previous version of the whistleblower complaint document, which the ICIG and DNI until recently provided to potential whistleblowers, declared that any complaint must contain only first-hand knowledge of alleged wrongdoing and that complaints that provide only hearsay, rumor, or gossip would be rejected.

Source: Intel Community Secretly Gutted Requirement Of First-Hand Whistleblower Knowledge -- The Federalist, Sept. 27, 2019

Interesting timing, isn't it? I only snipped part of the article, so read the whole thing if you want more detail.

What the heck, if the current rules don't let you get Trump, simply change the rules and keep on trying. It won't be long until Trump is escorted out of the White House in handcuffs and wearing an orange jumpsuit, angrily tweeting "And I would have gotten away with it, too, if it weren't for you meddling kids and your pesky dog!"

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snoopydawg's picture

In a legal opinion that was released to the public along with the phone call transcript, the Department of Justice (DOJ) Office of Legal Counsel (OLC) determined that the complainant’s submission was statutorily deficient and therefore was not required to be submitted to Congress. The White House nonetheless declassified and released the document to Congress late Wednesday evening.

Then why did Trump release it? I thought it was very strange that Rudy was all over TV talking about it and even stranger that Trump just released the transcripts. There have been lots times that I have thought Trump was involved with playing this massive farce on us and that was what I thought again when I saw Rudy spouting one thing and then another. Is this just another distraction and if so then what are we being distracted from knowing?

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edg's picture

@snoopydawg

His legal team had to balance whether it'd be worse to release the complaint or to fight to withhold it. The balance must have tripped toward there being less damage if released. It does appear that attacking the complaint's credibility -- secondhand, hearsay, factual errors -- may work in Trump's favor. And it certainly helps keep Biden in the news for all the wrong reasons.

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snoopydawg's picture

Why did Coates resign so suddenly and take Griffin with him? He interrupted her meeting and said that she had to quit. This is something I read on ToP so I can't vouch for its accuracy.

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Unabashed Liberal's picture

makes sense that the Deep Staters would use an intelligence community asset to pull this off. Gotta do a bit of research on a topic related to the anonymity 'protection' afforded this Dude, before further commenting. (A lawmaker let it slip that it's a male.)

Oh, I ran across this tidbit about 'O' expanding whistleblower protections for the 'intelligence community. in 2012. Here's a link, and brief excerpt:

Whistleblower Protection Enhancement Act and Presidential Policy Directive

President Barack Obama issued Presidential Policy Directive 19 (PPD-19), entitled "Protecting Whistleblowers with Access to Classified Information". According to the law signed by Obama on October 10, 2012, it is written that "this Presidential Policy Directive ensures that employees (1) serving in the Intelligence Community or (2) who are eligible for access to classified information can effectively report waste, fraud, and abuse while protecting classified national security information. It prohibits retaliation against employees for reporting waste, fraud, and abuse.[7]

. . . whistleblowers have seen their protections diminish in recent years, largely as a result of a series of decisions by the United States Court of Appeals for the Federal Circuit, which has exclusive jurisdiction over many cases brought under the Whistleblower Protection Act (WPA). Specifically, the Federal Circuit has accorded a narrow definition to the type of disclosure that qualifies for whistleblower protection. Additionally, the lack of remedies under current law for most whistleblowers in the intelligence community and for whistleblowers who face retaliation in the form of withdrawal of the employee's security clearance leaves unprotected those who are in a position to disclose wrongdoing that directly affects our national security."

Mollie

[Time Clock To Be Updated]

“Dogs have given us their absolute all. We are the center of their universe. We are the focus of their love and faith and trust. They serve us in return for scraps. It is without a doubt the best deal man has ever made.” ~~Roger Caras

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edg's picture

@Unabashed Liberal

Under Obama, eight whistleblowers have been prosecuted under the World War I-era Espionage Act, more than under all other presidents combined.

He expanded whistleblower protections with one hand while squashing some of those who blew the whistle with the other.

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@edg "whistleblowers" so they are obviously afforded no protections. I know you of course know that, but I could not help but say it. And as you've said and Caitlyn has reminded us, this guy is an active operative, he's gone right back to the CIA. But I guess now that we fully trust and worship the CIA all is good, right? Never mind those wars of regime change, never mind the open surveillance on every single American citizen, never mind what Chelsea or Julian released and where they are NOW, just IMPEACH and all will be well.

Thanks for this. All those who want so badly to Impeach Trump simply refuse to see just how this kind of tactic got us to Trump in the first place. And it just goes to show, for anyone who cares to look for 5 seconds, just what our government really is, and honest, truthful and democratic, it sure as hell ain't.

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Only a fool lets someone else tell him who his enemy is. Assata Shakur

Anja Geitz's picture

@lizzyh7

we just don't seem understand how important winning is for "our" side, eh?

Interestingly enough, I've yet to have anyone tell me how investigating Trump will afford us with better governance. Which, I assume, is the goal, no?

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There is always Music amongst the trees in the Garden, but our hearts must be very quiet to hear it. ~ Minnie Aumonier

@Anja Geitz @Anja Geitz Why, aren't you the purity pony here for even mentioning that! S/

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Only a fool lets someone else tell him who his enemy is. Assata Shakur

Anja Geitz's picture

@lizzyh7

Who, me?

image.jpeg
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There is always Music amongst the trees in the Garden, but our hearts must be very quiet to hear it. ~ Minnie Aumonier

edg's picture

@Anja Geitz

... starring President Mike Pence, who describes himself as "a Christian, a conservative and a Republican, in that order".

Pence has a long pro-life record backed by years in Catholic and evangelical churches. His foreign policy is more traditionally interventionist than Trump's (Pence supported the war in Iraq where Trump critiqued it) but less blatantly militaristic (his is a tasteful war-making, equally violent but less visibly delighted about it). While Trump bellows about anti-trade populism, Pence talks up free markets and cuts to federal spending.

Source: Why President Trump's best impeachment defense is destroying Mike Pence

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snoopydawg's picture

@lizzyh7

Impeaching Trump will not fix the reasons we got him in the first place. Apparently Kissinger wrote an op ed where he saw that someone like Trump was coming. Is Trump doing some very heinous things? Yes, but is he doing anything that other presidents didn't do before him? Remember lots of people were warning Obama to role back the imperial presidency and especially after Trump got the win, but he didn't because no matter who gets to play president the imperial presidency is going to keep getting more powerful.

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snoopydawg's picture

@Unabashed Liberal

It prohibits retaliation against employees for reporting waste, fraud, and abuse

We got the hideously flawed ACA and Lily Ledbetter. Other than that what did we get? In 8 years.

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Shahryar's picture

@snoopydawg

or "two months"? or "a year"? He was being deliberate, taking it slowly in order to get the best legislation.

It reminds me of OWS and how he cooled it down by saying it was a national discussion we needed to have, just not right now and oh, looky. We never did.

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snoopydawg's picture

@Shahryar

for not doing..... or doing....And be calm Obama has got this. First the FISA betrayal and then his cabinet picks and I was out. Can you imagine what excuses people would be giving Hillary right now?

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travelerxxx's picture

@snoopydawg

Can you imagine what excuses people would be giving Hillary right now?

Believe me, I am really glad we don't have to listen to them. After two terms of excuses for Obama, I'm not so sure I could stomach it with Her. To add insult to injury, we'd have to listen to Bubba pontificating.

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Rules changed last month.
Pelosi changes her mind (like, she has one) 5 days after she said no impeachment.
Now, we have impeachment inquiry on ONE THING, not EVERYTHING, and we are sending troops to protect the Saudis.
And now we know a CIA agent INFILTRATED the White House.
I am both shocked and dismayed (snark) that NOBODY in government office gives a flying fuck about anybody but the oligarchy.

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"We'll know our disinformation program is complete when everything the American public believes is false." ---- William Casey, CIA Director, 1981

@on the cusp
whether the CIA employee infiltrated the White House or was assigned to the White House.

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Unabashed Liberal's picture

@FuturePassed

to the White House.

That is what must be investigated. I'm familiar with the process, since I've been detailed to other positions during my federal Civil Service career.

These temporary assignments cannot be carried out without either SF 50 or SF 52.

IOW, there has to be (or, should be) a formal record of this reassignment.

And the form(s) would indicate the chain of command/supervisors who requested and approved the personnel action.

If it were me, I would insist on obtaining the whistleblower's file, so that I could see the purpose of this 'detail' (temporary reassignment), and subpoena the individuals (the CIA Dude's supervisors) who requested and approved it.

Mollie

“Dogs have given us their absolute all. We are the center of their universe. We are the focus of their love and faith and trust. They serve us in return for scraps. It is without a doubt the best deal man has ever made.” ~~Roger Caras
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