 |
|
actual link to the document issued by the OLC regarding the
Posted on: September 25, 2019 at 11:52:22 CT
blake1771 MU
Posts:
14496
Member For:
20.06 yrs
Level:
User
M.O.B. Votes:
0
"whistleblower" claim.
https://assets.documentcloud.org/documents/6429158/OLC-Memo-on-Urgent-Concern.pdf
few nuggets.
1. not an urgent concern
2. the ICIG’s preliminary review found “some
indicia of an arguable political bias on the part of the Complainant in favor of a rival political candidate,” the ICIG concluded that the complaint’s allegations nonetheless appeared credible
3. The ICIG determined that the allegation “appears credible” without conducting any
detailed legal analysis concerning whether the allegation, if true, would amount to an
unlawful solicitation of a campaign contribution. We likewise do not express a view on
the matter in this opinion
3.The complainant alleged that he or she had
heard reports from “White House officials”
4. In this case, the conduct that is the subject of the complaint does not relate to an “intelligence activity” under the DNI’s supervision. The complainant alleges that the President made an inappropriate or potentially unlawful request on a routine diplomatic call with a foreign leader. But the President is not a member of the intelligence community, see id. § 3003(4), and his communication with a foreign leader involved no intelligence operation or other activity aimed at collecting or analyzing foreign intelligence. To the extent that the complaint warrants further review, that review falls outside section 3033(k)(5), which does not charge the ICIG (let alone every intelligence-community employee) with reporting on every serious allegation that may be found in a classified document. To the contrary, where the ICIG learns of a credible allegation of a potential criminal matter outside the intelligence community, the ICIG should refer the matter to the Department of Justice, consistent with
28 U.S.C. § 535.
5. For the reasons set forth above, we conclude that the complaint submitted to the ICIG does not involve an “urgent concern” as defined in 50 U.S.C. § 3033(k)(5)(G). As a result, the statute does not require that the DNI transmit the complaint to the intelligence committees. Consistent with 28 U.S.C. § 535, however, the ICIG’s letter and the attached complaint have been referred to the Criminal Division of the Department of
Justice for appropriate review.
https://assets.documentcloud.org/documents/6429158/OLC-Memo-on-Urgent-Concern.pdf
few nuggets.
1. not an urgent concern
2. the ICIG’s preliminary review found “some
indicia of an arguable political bias on the part of the Complainant in favor of a rival political candidate,” the ICIG concluded that the complaint’s allegations nonetheless appeared credible
3. The ICIG determined that the allegation “appears credible” without conducting any
detailed legal analysis concerning whether the allegation, if true, would amount to an
unlawful solicitation of a campaign contribution. We likewise do not express a view on
the matter in this opinion
3.The complainant alleged that he or she had
heard reports from “White House officials”
4. In this case, the conduct that is the subject of the complaint does not relate to an “intelligence activity” under the DNI’s supervision. The complainant alleges that the President made an inappropriate or potentially unlawful request on a routine diplomatic call with a foreign leader. But the President is not a member of the intelligence community, see id. § 3003(4), and his communication with a foreign leader involved no intelligence operation or other activity aimed at collecting or analyzing foreign intelligence. To the extent that the complaint warrants further review, that review falls outside section 3033(k)(5), which does not charge the ICIG (let alone every intelligence-community employee) with reporting on every serious allegation that may be found in a classified document. To the contrary, where the ICIG learns of a credible allegation of a potential criminal matter outside the intelligence community, the ICIG should refer the matter to the Department of Justice, consistent with
28 U.S.C. § 535.
5. For the reasons set forth above, we conclude that the complaint submitted to the ICIG does not involve an “urgent concern” as defined in 50 U.S.C. § 3033(k)(5)(G). As a result, the statute does not require that the DNI transmit the complaint to the intelligence committees. Consistent with 28 U.S.C. § 535, however, the ICIG’s letter and the attached complaint have been referred to the Criminal Division of the Department of
Justice for appropriate review.
Please explain why this message is being reported.
MESSAGE THREAD
actual link to the document issued by the OLC regarding the - blake1771 KC - 9/25 11:52:22