The Intelligence Whistleblower protection Act did not apply to the phone call ... Reposted

(The House Judicial Committee takes the matter of impeachment up Wednesday.  This procedure is the fruit  of a poisoned tree  pl )

"The Intelligence Community Whistleblower Protection Act of 1998,^[1] amending the Central Intelligence Agency Act of 1949 and the Inspector General Act of 1978, sets forth a procedure for employees and contractors of specified federal intelligence agencies to report complaints or information to Congress about serious problems involving intelligence activities.

Under the ICWPA, an intelligence employee or contractor who intends to report to Congress a complaint or information of "urgent concern" involving an intelligence activity may report the complaint or information to their agency’s inspector general or the Inspector General of the Intelligence Community (ICIG). Within a 14-day period, the IG must determine "whether the complaint or information appears credible," and upon finding the information to be credible, thereafter transfer the information to the head of the agency. The law then requires the DNI (or the relevant agency head) to forward the complaint to the congressional intelligence committees, along with any comments he wishes to make about the complaint, within seven days. If the IG does not deem the complaint or information to be credible or does not transmit the information to the head of the agency, the employee may provide the information directly to the House and Senate Intelligence Committees. However, the employee must first inform the IG of his or her intention to contact the intelligence committees directly and must follow the procedures specified in the Act.

The Act defines a matter of "urgent concern" as:^[2]

1. a serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters;
2. A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity; or
3. An action constituting reprisal or threat of reprisal in response to an employee's reporting an urgent concern.

ICWPA doesn't prohibit employment-related retaliation and it provides no mechanism, such as access to a court or administrative body, for challenging retaliation that may occur as a result of having made a disclosure.^[3] In 2006 Thomas Gimble, Acting Inspector General, Department of Defense, stated before the House Committee on Government Reform that the ICWPA is a 'misnomer' and that more properly the Act protects the communication of classified information to Congress.^[4] According to Michael German with the Brennan Center for Justice, the ICWPA, "provides a right to report internally but no remedy when that right is infringed, which means that there is no right at all."^[3]

According to the Office of the Director of National Intelligence, from 1999-2009, 10 complaints/disclosures were filed under this law, four of which were found to be credible by the relevant Inspector General. In three of these ten cases the whistleblower claimed that s/he was retaliated against: two CIA cases and one DOJ case. Subsequent investigations by the CIA and DOJ failed to find evidence of retaliation in any of these cases.^[3][5]

Additional protections for national security whistleblowers are provided through Presidential Policy Directive 19 and the Intelligence Authorization Act for Fiscal Year 2014.^[3] For more information about whistleblowers protections that apply to the intelligence community see the "national security protections" subheading under Whistleblower protection in the United States.

References

 

• Title VII of Public Law No: 105-272
• Goss, Porter J. (1998-10-20). "Text - H.R.3694 - 105th Congress (1997-1998): Intelligence Authorization Act for Fiscal Year 1999". www.congress.gov. Retrieved 2019-09-20. This article incorporates text from this source, which is in the public domain.
• "Secret Sources: Whistleblowers, National Security and Free Expression" (PDF). PEN America. November 10, 2015. p. 13. Archived from the original (PDF) on November 14, 2015. Retrieved November 25, 2015.
• "Statement on National Security Whistleblower Protection" (PDF). Federation of American Scientists. Retrieved December 21, 2010.

"Letter from the Office of the Director of National Intelligence" (PDF). Federation of American Scientists. March 8, 2014. Retrieved November 25, 2015."

 

https://en.wikipedia.org/wiki/Intelligence_Community_Whistleblower_Protection_Act

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This law provides an intelligence official with a legal means within which to report misdeeds in the world of intelligence operation, funding, etc.  It has nothing to do with government activities that are not intelligence activities.  There was nothing in the now famous 25 July call between Trump and Zelensky that was intelligence business.  None. Remember - the two presidents ARE NOT intelligence officials.

IMO the complaint was and is invalid and should not have been entertained at all by the IC IG.   The original opinion by DoJ on this matter was correct.  pl

Comments

[Barbara Ann]

Witches are devious and the nature of their witchcraft may only be apparent to the accusers. See how at each session the Witchfinder General takes plenty of time to explain to onlookers the nature of the witchcraft lest they mistake it for, say, a regular phone call.

[Factotum]

Democrats reluctance to go on record impeaching a popular opposition party President is what is driving this Democrat-led inquiry process - almost impeachment but not quite impeachment.

The intent is to wound, smear, damage, distract and distort. Typical Democrat politics of personal destruction that we have seen in play now for three long painful years.

I live in California, so we see a lot of this 24/7/365. It has been a very effective and intimidating tactic since now most Democrat central committee chosen candidates run u unopposed - no one wants to face the Democrat mean machine meat grinder.

The only wild card is how tough Trump has been facing this onslaught down. He is our favorite schmoo doll who simply cannot be knocked down. Thank you President Trump. Winning.

[fanto]

blue peacock,
I am also puzzled by the Democrats - soviet style show trial like, a campaign whose „face“ now is Adam Schiff. I have asked the SST commenters, in different article, why would DT be so viciously attacked by the very same supporters of Israel, who should be very grateful to him for his many actions in favor of Israel. One commenter replied that DT is not going to wage war on Iran and therefore he is not useful anymore. I disagree with that assessment, and am still puzzled by the whole theater. Adam Schiff and his show trial is playing in the hands of republicans, and the democrats will bitterly regret that they did not follow once more the mantra of Nancy Pelosi - in different context - „impeachment is off the table“.

[vig]

Crowdstrike, on first sight seems to be a company that was alerted to a longterm winning product put another way: demand product. Were I younger at the time, I might have wanted to join them provided I had the correct education for the field.

fascinating field, anyway.

Around the time they started I may have looked or gotten more curious about expertise in the field. Maybe earlier. If you try to do you'll stumble across assumptions, regulated by "attribution theory", was that the term used in the field of Information Technology too?

Well in way it should be.

In a nutshell, my highly loggerhead take was this: if a state or its respective institutions are attacked the assumption is heigh, let's say 80% another state is involved. ... perpetrator - target

Now. Aren't we familiar with the pattern. Let's say a country's military shot down a civilian airliner and thus whatever happens after must be a blowback?

Now what about MH 17?

*******
5. Indeed, let's set out with full transparency the Ukraine -Crowsdtrike player links and loyalties to see if there are any smoking guns yet undisclosed.

What exactly you feel would be discoverable there?

[Terence Gore]

Hell hath no fury..

https://twitter.com/MonsieurAmerica/status/1199047179328843777?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1199106059308281856&ref_url=https%3A%2F%2Fwww.thegatewaypundit.com%2F2019%2F11%2Fhuge-strzok-page-texts-were-not-unearthed-by-sharp-fbi-investigative-work-strzoks-angry-and-scorned-wife-turned-him-in-after-finding-texts-on-his-phone%2F

[randal m sexton]

Pound the Facts ?? errr. Pound the Law ??? umm. POUND THE TABLE!!!!!!

[turcopolier]

randal
You bet pal! You bet!

[Situs Togel Online]

i agree.

[Fred]

Terence,

Huma Abedin doesn't appear too furious with Anthony Weiner; or are they just avoiding having to testify in court because they are still married?

[likbez]

Hi Factotum,

Why did Mueller wholly accept the Crowdstrike Russian conclusion, with no further or independent investigation and prominently put this Crowdstrike generated conclusion in his Russiagate report? Which also included the conclusion the "Russians" wanted to help Trump and harm Clinton. Heavy stuff, based upon a DNC proprietary investigation of their own and unavailable computers.

Alperovich is really a very suspicious figure. Rumors are that he was involved in compromising PGP while in MacAfee( June 2nd, 2018 Alperovich’s DNC Cover Stories Soon To Match With His Hacking Teams - YouTube ):

Investigative Journalist George Webb worked at MacAfee and Network Solutions in 2000 when the CEO Bill Larsen bought a small, Moscow based, hacking and virus writing company to move to Silicon Valley.

MacAfee also purchased PGP, an open source encryption software developed by privacy advocate to reduce NSA spying on the public.
The two simultaneous purchase of PGP and the Moscow hacking team by Metwork Solutions was sponsored by the CIA and FBI in order to crack encrypted communications to write a back door for law enforcement.

Among the 12 engineers assigned to writing a PGP backdoor was the son of a KGB officer named Dmitri Alperovich who would go on to be the CTO at a company involved in the DNC Hacking scandal - Crowdstrike.

In addition to writing a back door for PGP, Alperovich also ported PGP to the blackberry platform to provide encrypted communications for covert action operatives.

His role in what we may define as "converting DNC leak into DNC hack" (I would agree with you that this probably was a false flag operation), which was supposedly designed to implicated Russians, and possibly involved Ukrainian security services, is very suspicious indeed.

Mueller treatment of Crowdstrike with "kid gloves" may suggest that Alperovich actions were part of a larger scheme. After all Crowdstike was a FBI contactor at the time.

While all this DNC hack saga is completely unclear due to lack of facts and the access to the evidence, there are some stories on Internet that indirectly somewhat strengthen your hypothesis:

https://www.reddit.com/r/WayOfTheBern/comments/92i8dd/cyberanalyst_george_eliason_claims_that_the_fancy/

https://www.conservapedia.com/Fancy_Bear

http://www.softpanorama.org/Skeptics/Political_skeptic/Corporatism/National_security_state/Intelligence_services/False_flag_operations/False_flag_malware/fbi_and_cia_contractor_crowdstike.shtml

http://www.softpanorama.org/Skeptics/Political_skeptic/Neocons/Hillary/guccifer20_false_flag_operation.shtml

Enjoy and Happy Cyber Week shopping :-)

[Factotum]

Depends on the meaning of conspire and/or put down - no force necessary? Thought crimes again.

18 U.S. Code 2384?

"If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both."