Politics: 'A deficiency in the law': How Trump accidentally exposed a whistleblower loophole - PressFrom - US
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Politics 'A deficiency in the law': How Trump accidentally exposed a whistleblower loophole

03:00  20 september  2019
03:00  20 september  2019 Source:   politico.com

Schiff says whistleblower wants to talk to House intelligence Committee

  Schiff says whistleblower wants to talk to House intelligence Committee House Intelligence Committee chairman Rep. Adam Schiff announced Tuesday that the whistleblower who filed a mysterious complaint, which includes allegations about President Donald Trump's conduct, would like to speak to the committee. The whistleblower has requested guidance from acting DNI Joseph Maguire on how to do so, Schiff said."We have been informed by the whistleblower's counsel that their client would like to speak to our committee and has requested guidance from the Acting DNI as to how to do so," Schiff tweeted.

What happens when the administration won't tell Congress about a whistleblower complaint “There’s no doubt that the current situation has identified a deficiency in the law because it wasn’t Still, because of the privilege issues at play and the legal loopholes , it’s theoretically possible that

Surprise! The whistleblower mystery involves Trump himself. This new reporting also sheds light on how this process has been deeply perverted to prevent the facts of this situation from How are these things in the national interest? Given the current context -- a call with a foreign leader aroused alarm

For years, lawmakers have argued that intelligence personnel concerned about government actions — like Edward Snowden and Chelsea Manning — should go through formal whistleblower channels instead of illegally leaking government secrets.

U.S. President Donald Trump gives a thumbs up as he boards Air Force One with his newly announced White House national security adviser Robert O'Brien after the president named O'Brien as his fourth national security adviser at Los Angeles International Airport in Los Angeles, California, U.S., September 18, 2019. REUTERS/Tom Brenner© Reuters U.S. President Donald Trump gives a thumbs up as he boards Air Force One with his newly announced White House national security adviser Robert O'Brien after the president named O'Brien as his fourth national security adviser at Los Angeles International Airport in Los Angeles, California, U.S., September 18, 2019. REUTERS/Tom Brenner

But now, an unprecedented standoff between Congress and the Trump administration over a staffer who did go through the formal channels, only to have their concerns withheld from lawmakers, has laid bare a loophole in whistleblower protection laws that many thought would never be revealed: What happens when an intelligence agent blows the whistle on the president?

Whistleblower complaint about Trump delivered to Congress

  Whistleblower complaint about Trump delivered to Congress A whistleblower's complaint about President Donald Trump's communications with Ukraine was hand delivered Wednesday afternoon to Capitol Hill for lawmakers to review. © poolSen. Richard Burr, the Republican chairman of the Senate Intelligence Committee, said he has started to read the document but declined to give his initial thoughts. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); Members of the Democratic-led House Intelligence Committee are also reviewing the documents.

One such law is the Whistleblower Protection Act, which provides a way for federal employees to make One way the law did this was by clarifying the procedure by which employees could report If you’ve already made disclosures as a whistleblower and you feel you’ve been treated unfairly as a

Trump and Congressional Republicans have said middle-class Americans and small businesses will be the biggest beneficiaries under the .5 trillion tax cut. While the lawyers in the new spin-off unit would be doing legal work just like before, Brier said he believes their new employer could qualify for

It’s a situation that has lawmakers pointing fingers and national security veterans rattled. Democrats are saying that the administration — not the law — is to blame. Republicans, long advocates for strengthening whistleblower protections, are blaming the media and saying President Donald Trump might be entitled to some constitutionally mandated privacy. Former officials and whistleblower specialists are saying Congress needs to ensure this never happens again.

“There’s no doubt that the current situation has identified a deficiency in the law because it wasn’t contemplated that there would be a refusal to transmit at least some information to Congress,” said Mark Zaid, a national security lawyer who represents whistleblowers.

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Democrats Expect Trump to Turn Over Incriminating Whistleblower Material in Bipartisan Good Faith (LOL). Let’s check in on the White House, via a Wednesday story in the Washington Post, to see whether it does, in fact, plan on clearing everything up in good faith so long as Congress lets it take its

President Donald Trump blamed catch and release loopholes for complicating border enforcement. U.S. immigration law prevents authorities from detaining most families and unaccompanied children There is a third, and possibly more consequential, deficiency in U.S. asylum law that encourages

Sen. Chuck Grassley (R-Iowa), a vocal proponent of whistleblower rights, was less disquieted.

“There’s a lot of rumors floating around,” Grassley said. “There’s a lot of people writing about it that were not very accurate in what they wrote about Russia gate and all the stuff about Mueller so I’m a little reserved what I say.”

“I wouldn’t be concerned just about these reports, I only get worked up when there doesn’t appear to be cooperation on whistleblowing,” Grassley said. He also noted that because the complaint involves the president, the information could be “constitutionally privileged.”

The dispute centers on a mysterious whistleblower complaint apparently regarding Trump’s communications with a foreign leader that acting Director of National Intelligence Joseph Maguire is refusing to share with Congress, as is normally required by law. At a closed-door briefing with the House Intelligence Committee on Thursday, the intelligence community’s top watchdog, Michael Atkinson, stonewalled Democrats' attempts to get answers, leaving them fuming.

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A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. Originally, the word means an arrowslit, a narrow vertical window in a wall through which an archer could shoot.

The Whistleblower Law Collaborative is one of the nation’s leading whistleblower law firms representing persons or companies who learn of fraud These laws also protect whistleblowers from retaliation by their employers or others. We have successfully represented clients in the following areas

“Someone is trying to manipulate the system,” House Intelligence Chairman Adam Schiff told reporters after the briefing.

But Atkinson may be legally prohibited from sharing details of the complaint with the committee because of Maguire’s decision to withhold the information from Congress. According to Schiff, Maguire intervened to block the documents from being transmitted to lawmakers. Instead, Maguire diverted the complaint to the Justice Department, explaining to the committee that because the issue involved someone outside the intelligence community, it might involve matters of confidentiality and privilege.

“There is no privilege that covers whether the White House is involved in trying to stifle a whistleblower complaint,” Schiff shot back Thursday, threatening to sue over the issue or even withhold funding from intelligence agencies until they complied.

It's a stance that has irked some Republicans on the intelligence panel.

"If [Schiff] wants to engage in a conversation before all the facts are on the table, that's his prerogative," said Rep. Mike Conaway (R-Texas), a member of the House Intelligence Committee. "Until we know the facts and understand what happened, it's premature for me to speak to anything other than we're looking at the issue."

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Federal Whistleblower Rewards & Compensation. Several laws provide whistleblowers with financial rewards when they submit information that helps the The FCA was the first whistleblower reward program in the United States and was signed into law by Abraham Lincoln after the Civil War in 1863.

An internal Trump administration whistleblower has filed a complaint about a troubling “promise” made during a conversation between President Trump and a foreign leader, per the Washington So, this could be a major new scandal in the making. And the two huge questions are: which foreign leader?

The confusion over the dispute highlights the fact that whistleblower protection laws never envisioned a scenario in which the director of national intelligence would withhold a complaint from Congress — especially one the inspector general had deemed “urgent.”

Typically, when the intelligence agencies’ inspector general deems a complaint “urgent,” it automatically triggers a requirement to notify Congress. Even if the IG refuses to slap the “urgent” label on a complaint, the law includes a workaround that allows whistleblowers to go straight to the intelligence committees on Capitol HIll.

But once the DNI steps in, that workaround clause is essentially nullified. The whistleblower isn’t supposed to go to the committee in that scenario, and the IG’s hands are arguably tied.

“This leaves the inspector general in a pickle,” said Jim Baker, the former general counsel at the FBI. “Now that the Justice Department, that’s the law. As a technical matter, the inspector general has to fall in line. Or he could violate the law and tell Congress what happened, but be subject to prosecution if the information is classified.”

While Maguire may be technically adhering to the law, he is still “pretty brazenly misusing” the intelligence community whistleblower protection system, said Irvin McCullough, a national security analyst for the Government Accountability Project who focuses on intelligence community and military whistleblowing.

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Mr. Trump singled out the loophole , which primarily benefits Wall Street titans, as “ridiculous.” Give Donald Trump credit for this: The Republican presidential candidate has done more to put a stake in the Senator Chuck Schumer, Democrat of New York, has voted to change the law . But he has long

But that was before Donald Trump started tweeting baselessly about Barack Obama wiretapping On the other are deep state advocates of wide-ranging surveillance repeatedly exposed as to search for Americans’ communications in the 702 troves, as revealed by whistleblower Edward Snowden in a to learn of Trump -Russia conversations, nor how the identities of those interlocutors got “unmasked

The fact that Maguire is now trying to usurp Atkinson’s sole authority to determine whether this whistleblower’s complaint is both credible and matter of urgent concern “is a body blow to the intelligence community inspector general’s independence,” McCullough added.

While most Republicans avoided wading into the brouhaha, some did agree that the incident highlights potential flaws with the statute.

"I think it's important to protect the ability of whistleblowers to communicate to the committee," said Rep. Will Hurd (R-Texas), a member of the House Intelligence Committee and former CIA officer. "I want to make sure this is streamlined and doesn't happen again."

Atkinson himself seemed to agree, characterizing the standoff as a possible symptom of a law that can be exploited in a letter to the House Intelligence Committee on Tuesday. Maguire’s move, he wrote, “may reflect a gap in the law that constitutes a significant problem and deficiency concerning the DNI’s responsibility and authority ... relating to intelligence programs or activities.”

Schiff argued that the legal statute is not the issue — it's how Maguire and other government attorneys are interpreting it.

“I don’t think this is a problem of the law,” Schiff said. “I think the law is written very clearly. I think the law is just fine. The problem lies elsewhere.”

Maguire made the call to redirect the complaint after consulting with the Justice Department. The DNI’s general counsel, Jason Klitenic, also determined that because the complaint doesn’t involve someone "within the responsibility and authority" of the intelligence community, it can’t be deemed “urgent” and therefore doesn’t require transmittal to lawmakers.

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One well-known VA whistleblower may not benefit from new protections signed into law by President Trump since he was canned right as Trump signed Somewhere, in the corrupt halls of Memphis VA Medical Center, at least a few criminals are high-fiving each other for making Trump look like a punk.

Whistle Blowers Protection Act, 2014 is an Act in the Parliament of India which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices.

Although Maguire has kept lawmakers in the dark, some contents of the complaint have been leaking into the press. The Washington Post on Wednesday reported that the complaint involved Trump making a “promise” to a foreign leader during phone call that disturbed the intelligence official. The New York Times on Thursday reported that the complaint involved a series of actions, not just one phone call.

Zaid, the whistleblower attorney, called Maguire’s decision to essentially overrule Atkinson — rather than just register his disagreement in a separate memo or to withhold some, but not all, information — “totally inappropriate and not supported in any way.”

To several whistleblowing attorneys, Atkinson’s decision to alert the committee about the complaint — even if he wouldn’t divulge any information about it — was its own form of whistleblowing.

“It’s a matryoshka doll of whistleblowing,” said Kel McClanahan, executive director of the Washington, D.C.-based law firm National Security Counselors.

“It would’ve been procedurally proper for Maguire to forward a statement to Congress claiming privilege applies to the substance of the complaint, triggering a discussion over the privilege claim," he added. “But he didn’t do that. He said, ‘I don’t think it’s an urgent concern’ — an argument he’s not even in a position to make under the statute.”

Still, because of the privilege issues at play and the legal loopholes, it’s theoretically possible that Congress could never see the actual complaint. That’s especially true because the invocation of executive privilege in this way is “consistent” with how past administrations have handled such issues, Zaid noted.

“This is not a Trump issue,” he said. “At least the legal privilege issue is not.”

Marianne Levine, Kyle Cheney and Andrew Desiderio contributed to this report.

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