About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most