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Letter from Bakaj to Congressional Intelligence Committees Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (9/9/2019)

handle is hein.presidents/usgvtwht0011 and id is 1 raw text is: 

SCOMPASS ROSE LEGAL GROUP, PLLC
       .COMPASS ROSE LEGAL GROUP                                            1250 Connecticut Avenue, N.W.
                                                                                           Suite 700
                                                                                  Washington, DC 20036
                                                                                  Telephone: 202.570.4896
                                                                                     Fax: 202.478.5201
                                                                             www.Compas sRosePLLC.com
                                                                                 Andrew P. Bakaj, Esq.
                                                                                     Managing Partner
                                                                            APB@CompassRosePLLC.com

      September 9, 2019

      PERSONAL AND CONFIDENTIAL
      VIA HAND DELIVERY THROUGH COMMITTEE COUNSEL

      The Honorable Richard Burr
      Chairman, Senate Select Committee on Intelligence
      The Honorable Mark Warner
      Vice Chairman, Senate Select Committee on Intelligence
      United States Senate
      Washington, DC 20510

      The Honorable Adam Schiff
      Chairman, House Permanent Select Committee on Intelligence
      The Honorable Devin Nunes
      Ranking Member, House Permanent Select Committee on Intelligence
      United States House of Representatives
      Washington, DC 20515

      RE: Report of Urgent Concern via the Intelligence Community Inspector General

      Dear Chairman Burr, Chairman Schiff, Vice Chairman Warner, and Ranking Member Nunes:

      I represent a member of the Intelligence Community who has reported an Urgent Concern to the
      Office of the Intelligence Community Inspector General (ICIG) pursuant to the Intelligence
      Community Whistleblower Protection Act of 1998 (ICWPA). In accordance with 50 U.S.C.
        3033(k)(5) (I), I am writing to inform you that my client has (1) submitted a disclosure to the ICIG
      in accordance with the ICWPA, and (2) the date on which the submission was made.

      On or about August 12, 2019, my client disclosed to the ICIG their reasonable belief of a violation
      of law, rule, regulation, or an abuse of authority. In accordance with 50 U.S.C.   3033(k)(5)(B), the
      ICIG determined that my client's disclosure was a credible Urgent Concern and transmitted to the
      Acting Director of National Intelligence both its determination as well as the disclosure. The statute
      mandates that within 7 calendar days of receipt, the Director of National Intelligence shall ...
      forward such transmittal to the congressional intelligence committees, together with any comments
      the Director considers appropriate. 50 U.S.C.   3033(k)(5)(C).

      The ICIG has informed me that despite its determination, my client's disclosure will not be
      transmitted to Congress because the Acting Director of National Intelligence views the matter as
      outside of the scope of the applicable whistleblower statute.

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