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Schiff Letter to Barr Whistleblower Complaint on Ukraine (Kelly Smith, comp.) [1] (9/24/2019)

handle is hein.presidents/usgvtwht0024 and id is 1 raw text is: ADAM B. SCHIFF, CALIFORNIA ONE HUNDRED SIXTEENTH CONGRESS CHAIRMAN DEVIN NUNES, CALIFORNIA T i mo lt' ERG ni SAFF D IREcTO R RANKING MEMBER (202) 225-7690 wwwintelligence0hou5e.gov ALLEN SOU A MINOccc SAFF DREcToR i rmanent btrtCommittee on Intettigente V.6 jLoot of 3Xrpregentatibto September 24, 2019 The Honorable William P. Barr Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear General Barr: Acting Director of National Intelligence (DNI) Joseph Maguire continues to withhold from the House Permanent Select Committee on Intelligence (Committee) a whistleblower complaint lawfully submitted to the Inspector General of the Intelligence Community (IC IG) by a member of the Intelligence Community (IC) on August 12, 2019 (Complaint). According to the Office of the Director of National Intelligence (ODNI), the Acting DNI withheld the complaint from the Committee after consulting with the Department of Justice (DOJ or Department).1 In a September 17 letter to the Committee, IC IG Michael Atkinson informed the Committee that he disagreed with the determination, and particularly DOJ's conclusion,' that no statute requires disclosure of the complaint to the intelligence committees because, per DOJ's position, the disclosure in this case did not concern allegations of conduct by a member of the Intelligence Community or involve an intelligence activity under the DNI's supervision.3 DOJ's conclusion overruled a determination by the independent IC IG, after a preliminary review, that the Complaint met statutory criteria and appeared credible. The statute makes no provision for the DNI to refuse to transmit such a Complaint to the relevant congressional committees. DOJ's intervention in the Intelligence Community whistleblower complaint process, as set forth in 50 U.S.C. § 3033(k)(5), is improper and contrary to both a clear, categorical statutory ILetter from Office of Director of National Intelligence General Counsel Jason Klitenic to Chairman Burr, Chairman Schiff, Vice Chairman Warner, and Ranking Member Nunes, September 13, 2019. 2Letter from IC IG Atkinson to Chairman Schiff and Ranking Member Nunes, September 17, 2019. (Emphasis added.) 3 Letter from Office of Director of National Intelligence General Counsel Jason Klitenic to Chairman Burr, Chairman Schiff, Vice Chairman Warner, and Ranking Member Nunes, September 13, 2019.

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