whistleblower

The Whistleblower Status Critique – Critiqued (UPDATED)

Published by Papa Giorgio

JUMP to update

Sean Hannity had Sean Davis on his show and in two short answers responds to critics of his article over at the Federalist: “Intel Community Secretly Gutted Requirement Of First-Hand Whistleblower Knowledge“.

See also:

You can also view the document change here (Twitter):

Here are a few follow up articles discussing the admitted changes to the form…

UPDATE

The first article show that the DAILY BEAST article notes the change (EMPHASIS added):

Late yesterday the IC IG finally provided a public explanation in a news release, where they acknowledged the changes to the form instructions were made in part “in response to recent press inquiries regarding the [Ukraine] whistleblower complaint.”  Clearly the IC IG understood the potential for a public outcry if he certified a complaint as “credible” where the whistleblower stated “I was not a direct witness to most of the events described” while the instructions for his own intake form still listed a warning that “[t]he IC IG cannot transmit information via the ICPWA based on an employee’s second-hand knowledge of wrongdoing.”

[….]

Ironically, the Daily Beast article inadvertently destroys its own claim that this is a “false story.” In their zeal to dismiss the importance of the altered requirement for first-hand knowledge, the article explains that first-hand evidence is the threshold to determine what is “credible” under the statute: “Though the text is confusingly drafted—which may be why the entire preamble was canned—A CAREFUL READING SHOWS IT’S NOT ERECTING A NEW HURDLE FOR FILING A WHISTLEBLOWER COMPLAINT, BUT RATHER DESCRIBING THE TYPE OF EVIDENCE THE IC IG HAS TO GATHER TO JUDGE THE COMPLAINT ‘CREDIBLE’ AT THE END OF ITS 14-DAY INVESTIGATION.”

(FEDERALIST)

In another article, the changes are noted from the September 30th letter from the IC IG’s office:

The Intelligence Community Inspector General released a statement admitting the office changed its forms for whistleblowers between May 2018 and August 2019, as The Federalist first reported. As The Federalist’s Sean Davis noted, “The new complaint document no longer requires potential whistleblowers who wish to have their concerns expedited to Congress to have direct, first-hand knowledge of the alleged wrongdoing that they are reporting.”

The timing of the change is important, as it bookends the period when an anonymous person filed a whistleblower complaint against President Donald Trump for a phone call with the president of Ukraine. In the call, the president asked the Ukrainians to continue investigating political corruption that may implicate Joe Biden and his son, Hunter Biden.

In a statement on processing whistleblower complaints, the IG admitted they changed the forms:

In June 2019, the newly hired Director for the Center for Protected Disclosures entered on duty. Thus, the Center for Protected Disclosures has been reviewing the forms provided to whistleblowers who wish to report information with respect to an urgent concern to the congressional intelligence committees. In the process of reviewing and clarifying those forms, and in response to recent press inquiries regarding the instant whistleblower complaint, the ICIG understood that certain language in those forms and, more specifically, the informational materials accompanying the forms, could be read – incorrectly – as suggesting that whistleblowers must possess first-hand information in order to file an urgent concern complaint with the congressional intelligence committees.

The ICIG’s Center for Protected Disclosures has developed three new forms entitled, ‘Report of Fraud, Waste, and Abuse UNCLASSIFIED Intake Form’; ‘Disclosure of Urgent Concern Form-UNCLASSIFIED’; and ‘External Review Panel (ERP) Request Form – UNCLASSIFIED.’ These three new forms are now available on the ICIG’s open website and are in the process of being added to the ICIG’s classified system. The ICIG will continue to update and clarify its forms and its websites to ensure its guidance to whistleblowers is clear and strictly complies with statutory requirements. Consistent with the law, the new forms do not require whistleblowers to possess first-hand information in order to file a complaint or information with respect to an urgent concern”

While law does not require those who file whistleblower claims to offer first-hand information of an urgent concern, federal regulations laid out in the “Background Information on ICWPA Process” state the ICIG must possess reliable, first-hand information in order to find the whistleblower credible.

Despite the form changes and the requirement for possession of first-hand information, the ICIG statement admits the Ukraine whistleblower filed an outdated report and checked that he or she had first-hand knowledge of the experience, which the complaint itself contradicts…..

(FEDERALIST)

The third article is Sean Davis explaining what the IC IG admitted to Monday, and explains again what the audio at the beginning of the post notes:

On Monday, the intelligence community inspector general (ICIG) admitted that it did alter its forms and policies governing whistleblower complaints, and that it did so in response to the anti-Trump complaint filed on Aug. 12, 2019. The Federalist first reported the sudden changes last Friday. While many in the media falsely claimed the ICIG’s stunning admission debunked The Federalist’s report, the admission from the ICIG completely affirmed the reporting on the secretive change to whistleblower rules following the filing of an anti-Trump complaint in August.

[….]

In its press release, the ICIG also explicitly admitted it changed its policies because of the anti-Trump complaint, raising significant questions about whether the watchdog cooked its own books to justify its treatment of the anti-Trump complaint:

In the process of reviewing and clarifying those forms, and in response to recent press inquiries regarding the instant whistleblower complaint, the ICIG understood that certain language in those forms and, more specifically, the informational materials accompanying the forms, could be read — incorrectly — as suggesting that whistleblowers must possess first-hand information in order to file an urgent concern complaint with the congressional intelligence committees.

[….]

Because the complaint did not allege wrongdoing against a member of the intelligence community (the president of the United States is an elected constitutional officer, not an employee of a statutory agency), did not allege wrongdoing with regard to an intelligence activity (a phone call between two elected world leaders is basic diplomacy, not the execution of a statutorily required intelligence activity), and relied primarily on hearsay rather than firsthand evidence, both the director of national intelligence (DNI) and the Department of Justice Office of Legal Counsel determined that the anti-Trump complaint was not an “urgent concern” under the law and was therefore not required to be transmitted to the relevant congressional committees. In spite of those determinations, the ICIG on its own and after revising its internal guidance and policies regarding firsthand evidence decided the complaint did qualify as an “urgent concern” and forwarded the anti-Trump complaint to Congress.

(FEDERALIST)

Dr. John Eastman Discusses The “Whistleblower”

Published by Papa Giorgio

Larry Elder had John Eastman call into the radio show (from vacation) to discuss the “whistleblower” and what I see as the continued propensity to weaponize government to harass and criminalize countering points of views. The latest example of this is the secret change JUST BEFORE the release of this choreographed release of the whistleblower [so-called] to the law regarding it: “Intel Community Secretly Gutted Requirement Of First-Hand Whistleblower Knowledge“.

PAST EXAMPLES:

  • Obama’s Weaponization of Government (FORBES);
  • President Obama Weaponized Government – Phase Two Was Positioned to Monetize Government… (CONSERVATIVE TREE HOUSE);
  • Judicial Watch: New Documents Reveal DOJ, IRS, And FBI Plan To Seek Criminal Charges Of Obama Opponents (JUDICIAL WATCH)

Fred Fleitz (Longtime CIA) Discusses the “Whistleblower”

Published by Papa Giorgio

Mark Levin had Fred Fleitz (WIKI) on his show to discuss the latest issues with the leaker. Insightful discussion.

The story from the beginning has utterly fallen apart BTW:

  • Quid Pro Quo and Cover-Up Allegations Against Trump are Falling Apart (PJ-MEDIA)
  • Mark Levin DEBUNKS insane allegations made by “leftwing kooks” in the media (RIGHT SCOOP)
  • Media Ukraine Conspiracy Theories Shot Down (RPT)
  • Whistelblower Fabrications (RPT)

Media Ukraine Conspiracy Theories Shot Down

Published by Papa Giorgio

I was told by #NeverTrumpers that this soo shocked the DNI (internal watchdog, inspector general’s office) that the whistle-blowers complaint was raised to immediate “dealing with.” I was told this was done by a Trump appointee, Joseph Maguire. In other words, he is unbiased and committed to the truth. Come to find out that,

  • …the DNI general counsel said days later that, after consulting with the DOJ, the matter did not meet the legal definition of an ‘urgent concern,’ and was not subject to mandatory disclosure to Congress… (NEWSBUSTERS)

I asked a friend if the Facebook post he relayed by a friend would change:

  • So your friends FB post has been wrong in almost every point made…. NOW I wonder if this statement (“…The Inspector General who determined that the whistleblower complaint was “credible” and “urgent” is himself not just a Republican but a Trump appointee”…) will be used derisively rather than supportively of the conspiracy theory: “well, the IG is a Trump appointee. What else did you expect!?”

Maybe he was pressured! This story was the latest debunked conspiracy theory, and shows the amount of vitriol towards the President. “Acting director of national intelligence threatened to resign if he couldn’t speak freely before Congress on whistleblower complaint,” the Washington Post headline ran. Also this from MSN

  • The acting director of national intelligence threatened to resign over concerns that the White House might attempt to force him to stonewall Congress when he testifies Thursday about an explosive whistle-blower complaint about the president, according to current and former U.S. officials familiar with the matter. (MSN)

PJ-MEDIA notes how the DNI himself debunked the story:

…Yet Maguire denied the report less than an hour after the Post published it. “At no time have I considered resigning my position since assuming this role,” he told Fox News congressional reporter Chad Pergram. “I have never quit anything in my life and I am not going to start now. I am committed to leading the Intelligence Community to address the diverse and complex threats facing our nation.”

Maguire is set to testify about a whistleblower complaint that the inspector general for the intelligence community said was of “urgent concern.” Controversially, the acting DNI prevented the whistleblower complaint from being released to Congress in a move some experts have condemned as illegal.

Maguire defended his actions in a statement Tuesday. “I want to make clear that I have upheld my responsibility to follow the law every step of the way,” he said. He also praised the whistleblower, adding, “the men and women of the Intelligence Community have a solemn responsibility to do what is right, which includes reporting wrongdoing.”

The Washington Post report seemed to contradict the basic claims against Maguire. If the acting DNI refused to release the whistleblower complaint to congressional committees, why would he threaten to resign in order to be more forthcoming to Congress?

It seems the sources behind the false story may have been attempting to gin up more controversy over the whistleblower complaint to add some legitimacy to the impeachment inquiry…

I was told by Facebook peeps the whistle-blower was in on the information personally and needed “whistle-blower status, protection.” But the problem was, he did not have first-hand knowledge, but heard it from someone. Brit Hume notes this in a Tweet:

The DAILY CALLER notes further:

…The CNN story cited by Hume suggests, “It is hard to see how any of this ends well” but doesn’t mention the whistleblower’s precarious grip on his inside information until the reader is deep within the report.

“The whistleblower didn’t have direct knowledge of the communications, an official briefed on the matter told CNN. Instead, the whistleblower’s concerns came in part from learning information that was not obtained during the course of their work, and those details have played a role in the administration’s determination that the complaint didn’t fit the reporting requirements under the intelligence whistleblower law, the official said.”…

Representative Mark Meadows is noted as joining the fray with this:

…Rep. Mark Meadows, North Carolina Republican, tweeted that “amazingly Democrats now say the whistleblower complaint is more important” than the transcript of the phone call.

“Folks, the ‘whistleblower’ wasn’t on the call,” Mr. Meadows tweeted. “They think a secondhand account of the call will tell you more than the *actual call*.”… (WASHINGTON TIMES)

After noting the second-hand-hearsay — which I am convinced was dropped on purpose to get the Biden controversy front-n-center. The Trump admin KNOW how the #NeverTrumpers, the Leftist media, and Democrats will react… and the bonus? The Biden’s corruption are now the talk of the town. What did Rep. Matt Gaetz call it? Catfishing! But I digress.

Okay, again… After noting the second-hand-hearsay, the DOJ’s criminal division investigated Trump’s phone call to the Ukrainian president and found nothing wrong (RIGHT SCOOP). In fact, what came out later is the whistle-blower is intimately intwined with an org that pays people to come out against the Trump admin and is represented by Clintonistas… and is themself BIASED against Trump:

  • It was a fact completely omitted from the cascade of Trump impeachment coverage found on ABC’s World News Tonight and NBC Nightly News. “The Dependent of Justice warned the whistleblower’s information was ‘secondhand’ and that there are indications, quote, ‘of an arguable political bias on the part of the complainant,’” reported CBS chief congressional correspondent Nancy Cordes. (NEWSBUSTERS)
  • Democrat Nancy Pelosi announced an impeachment inquiry of President Donald Trump on Tuesday based on second-hand information from a confirmed anti-Trump leftist operative of a July phone call between President Trump and Ukrainian President Zelensky. The alleged “whistle-blower” is being represented by a former Schumer and Hillary Clinton operative. (GATEWAY PUNDIT)

I was also told there was criminal QUID PRO QUO. This too was debunked… first by the Wall Street Journal (NATIONAL REVIEW) — which was a cause of derisiveness on a friends Facebook. And later confirmed by BOTH CNN and FOX NEWS!!

What was the best moment however? I was told Trump was the initiator of the topic about corruption and the Biden’s. Bwahahaha… the President of the Ukraine initiated the discussion:

…In the transcript released today President Zelensky brought up Rudy Giuliani and his investigations of the Biden Crime Family with President Trump….. (GATEWAY PUNDIT)

To say Democrats and #NeverTrumpers jumped the gun on this is understated. Where is Mitt Romney on this??? He came out saying how aweful it was? Why is he all of a sudden silent? Behind closed doors the Dems know they effed up. Funny.

To Whistle-Blow Or Not To

Published by Papa Giorgio

(Video Description) Thanks to a “whistleblower,” Joe Biden says attention should be placed on President Trump for “threatening” the Ukraine president for dirt. But…what’s the dirt on what Biden did? Because the media isn’t talking about it. Joe Biden’s son, Hunter, partnered with John Kerry’s stepson, Christopher Hines, and an old roommate Devon Archer to create their own private equity firm, Rosemont Seneca. Obama made VP Biden the point person for Ukraine foreign policy, and before you know it, the company Hunter, Hines, and Archer developed is in a direct partnership with the Ukraine’s largest oil company, Burisma. Smell fishy to you?

Most important article wise comes from PJ-MEDIA… here are some excerpts:

The so-called whistleblower “scandal” that the media is hyping up every which way has Democrats once again falling all over each other to declare another “impeachable offense,” despite having virtually no details about the conversation between Trump and Ukrainian president Volodymyr Zelensky. But, like everything else that’s been thrown at Trump, this appears to be another phony scandal. The Daily Wire’s Ashe Schow reported Saturday that the whistleblower complaint “is nothing more than a rumor reported by someone in the intelligence community.” In fact, CNN reported this fact, but buried it in an article:

The whistleblower didn’t have direct knowledge of the communications, an official briefed on the matter told CNN. Instead, the whistleblower’s concerns came in part from learning information that was not obtained during the course of their work, and those details have played a role in the administration’s determination that the complaint didn’t fit the reporting requirements under the intelligence whistleblower law, the official said.

Schow noted, “this is yet another anonymous source giving more context on what another anonymous source told a different outlet, but it still calls the entire story into question.” The original Washington Post story, despite being on the front page, was vague, relying on “two former U.S. officials familiar with the matter” who were “speaking on the condition of anonymity because they were not authorized to discuss the matter publicly.” They alleged that Trump had made a “promise” to a world leader—which, based on what we know right now, is incorrect.

The Post filled out its story with information about a “standoff” between Acting Director of National Intelligence Joseph Maguire and Congress.

The Intelligence Community Inspector General, Michael Atkinson – who was appointed by Trump – determined the whistleblower complaint to be of “urgent concern,” according to the Post. But Maguire argued he was not required by law to turn the complaint over to congressional Democrats seeking to impeach Trump.

The reason Maguire didn’t turn the complaint over is because of what CNN reported – that the person who made the complaint had no direct knowledge of what was said and was merely reporting a rumor. Why the inspector general determined it “urgent and credible” remains to be seen.

All the reactions to the story since have been based on speculation as to what occurred on the call. Trump is alleged to have pressured Ukrainian President Volodymyr Zelensky and offered a quid pro quo… which, according to the Wall Street Journal, there wasn’t:

President Trump in a July phone call repeatedly pressured the president of Ukraine to investigate Democratic presidential candidate Joe Biden ’s son, urging Volodymyr Zelensky about eight times to work with Rudy Giuliani, his personal lawyer, on a probe, according to people familiar with the matter.

“He told him that he should work with [Mr. Giuliani] on Biden, and that people in Washington wanted to know” whether allegations were true or not, one of the people said. Mr. Trump didn’t mention a provision of foreign aid to Ukraine on the call, said this person, who didn’t believe Mr. Trump offered the Ukrainian president any quid-pro-quo for his cooperation on an investigation…

[….]

So far, all we know is that the whistleblower at the heart of this situation didn’t actually overhear anything. The one thing we do know is that in 2016, Joe Biden successfully pressured then-Ukrainian President Petro Poroshenko to ax the country’s top prosecutor, who was investigating his son’s company, by threatening to withhold $1 billion in U.S. loan guarantees. Biden even bragged about it.