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Letter from Klitenic to House Intelligence Committee Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (9/17/2019)

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UNCLASSIFIED


                OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
                             OFFICE OF GENERAL COUNSEL
                                  WASHINGTON, DC 20511


                                                                      September 17, 2019


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

Dear Chairman Schiff,

       I write in response to your September 13, 2019, letter and the subpoena from the House
Permanent Select Committee on Intelligence (HPSCI), which was issued to the Acting Director
of National Intelligence (DNI) last Friday evening. As you know, before you sent that letter, I
had written to you, as well as to the other leaders of the Intelligence Committees, to explain how
the DNI had handled a recent complaint received from the Inspector General of the Intelligence
Community (ICIG). That letter explained how the DNI's handling of the complaint complied
with all applicable legal provisions.

       The DNI has given nearly four decades of service to protecting the national security of our
country. He is committed wholeheartedly to the mission of the Office of the Director of National
Intelligence (ODNI), and he has deep respect for the relationship between ODNI and the
Intelligence Committees. He looks forward to working constructively with you on this matter, as
well as on the many pressing national security matters that our country faces, both this week, and
on an ongoing basis.

       The Intelligence Community and the Intelligence Committees have a long history of
working cooperatively to support congressional oversight interests. We are disappointed,
however, that rather than following our established practice of working together, HPSCI
immediately served a subpoena for documents and demanded the Acting Director's immediate
testimony. That subpoena demanded production of sensitive and potentially privileged materials
within fewer than two business days after service.

       At the outset then, we believe that it is important to correct the record:

   *   ODNI has complied fully with all applicable law. We reiterate the full explanation
       provided in our September 13 letter, which I attach here.


UNCLASSIFIED

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