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Story 1: Partisan CIA “Whistle-blower” Betrays President Trump with Allegations Based on Secondhand Hearsay — This Is Not Covered Under Intelligence Whistle-blower Law — Democrat Organized Smear Campaign and Coup Against Trump Falling Apart! — Videos —

Acting DNI Joseph Maguire delivers his opening statement

WATCH: Rep. Devin Nunes’ full opening statement on whistleblower complaint | DNI hearing

WATCH: Rep. Devin Nunes’ full questioning of acting intel chief Joseph Maguire | DNI hearing

WATCH: Rep. Schiff’s full 2nd round of questioning of acting intel chief Maguire | DNI hearing

Sekulow: Whistleblower complaint form used to require firsthand information

Cuomo to Trump attorney: Quid pro quo isn’t necessary for impeachment

Meadows: The foundation of the whistleblower complaint is falling apart

Conway rips Ukraine report: ‘More blowhard than whistleblower’

Gowdy believes House Dems want to punt impeachment to the Senate

Former CIA leader on the Trump-Ukraine whistleblower complaint

Former intelligence counsel discusses Maguire hearing, whistleblower complaint

Whistleblower driven by political motives: former CIA analyst

EXCLUSIVE: Trump Attacks Whistle-Blower in Private Meeting

Trump slams whistleblower as ‘almost a spy’

Gingrich: Pelosi’s impeachment push ‘makes no sense at all’

Nunes: Ukrainian whistleblower is no different than Russia hoax

Donald Trump warned not to retaliate against whistleblower amid impeachment probe| ITV News

Dems threaten to sue White House over access to whistleblower complaint

Tucker: Impeachment seemed like a fleeting prospect

Peter Schweizer: Joe Biden is the most corrupt vice president of our lifetime

Swamp Watch: The Biden family

Joe Biden’s son’s firm linked to Chinese government: New book

Ted Koppel calls out liberal media bias against Trump

UNCLASSIFIED

August 12, 2019

The Honorable Richard Burr
Chairman
Select Committee on Intelligence
United States Senate
The Honorable Adam Schiff
Chairman
Permanent Select Committee on Intelligence
United States House of Representatives

Dear Chairman Burr and Chairman Schiff:

I am reporting an “urgent concern” in accordance with the procedures outlined in 50 U.S.C. §3033(k)(5)(A). This letter is UNCLASSIFIED when separated from the attachment.

In the course of my official duties, I have received information from multiple U.S. Government officials that the President of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election. 1This interference includes, among other things, pressuring a foreign country to investigate one of the President’s main domestic political rivals. The President’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.

  • Over the past four months, more than half a dozen U.S. officials have informed me of various facts related to this effort. The information provided herein was relayed to me in the course of official interagency business. It is routine for U.S. officials with responsibility for a particular regional or functional portfolio to share such information with one another in order to inform policymaking and analysis.
  • I was not a direct witness to most of the events described. However, I found my colleagues’ accounts of these events to be credible because, in almost all cases, multiple officials recounted fact patterns that were consistent with one another. In addition, a variety of information consistent with these private accounts has been reported publicly.

I am deeply concerned that the actions described below constitute “a serious or flagrant problem, abuse, or violation of law or Executive Order” that “does not include differences of opinions concerning public policy matters,” consistent with the definition of an “urgent concern” in 50 U.S.C. §3033(k)(5)(G). I am therefore fulfilling my duty to report this information, through proper legal channels, to the relevant authorities.

  • I am also concerned that these actions pose risks to U.S. national security and undermine the U.S. Government’s efforts to deter and counter foreign interference in U.S. elections.

1
UNCLASSIFIED

The Whistle-Blower Complaint: Page 1

  • 1 In the complaint, the whistle-blower said he had heard from other officials that Mr. Trump, in his July 25 call, urged the Ukrainian president to work with Attorney General William P. Barr in investigating the Bidens.

UNCLASSIFIED

To the best of my knowledge, the entirety of this statement is unclassified when separated from the classified enclosure. I have endeavored to apply the classification standards outlined in Executive Order (EO) 13526 and to separate out information that I know or have reason to believe is classified for national security purposes.1

  • If a classification marking is applied retroactively, I believe it is incumbent upon the classifying authority to explain why such a marking was applied, and to which specific information it pertains.

I. The 25 July Presidential phone call

Early in the morning of 25 July, the President spoke by telephone with Ukrainian President Volodymyr Zelenskyy. I do not know which side initiated the call. This was the first publicly acknowledged call between the two leaders since a brief congratulatory call after Mr. Zelenskyy won the presidency on 21 April.

Multiple White House officials with direct knowledge of the call informed me that, after an initial exchange of pleasantries, the President used the remainder of the call to advance his personal interests. Namely, he sought to pressure the Ukrainian leader to take actions to help the President’s 2020 reelection bid. According to the White House officials who had direct knowledge of the call, the President pressured Mr. Zelenskyy to, inter alia:

  • initiate or continue an investigation2 into the activities of former Vice President Joseph Biden and his son, Hunter Biden;
  • assist in purportedly uncovering that allegations of Russian interference in the 2016 U.S. presidential election originated in Ukraine, with a specific request that the Ukrainian leader locate and turn over servers used by the Democratic National Committee (DNC) and examined by the U.S. cyber security firm Crowdstrike,3 which initially reported that Russian hackers had penetrated the DNC’s networks in 2016; and
  • meet or speak with two people the President named explicitly as his personal envoys on these matters, Mr. Giuliani and Attorney General Barr, to whom the President referred multiple times in tandem.

1 Apart from the information in the Enclosure, it is my belief that none of the information contained herein meets the definition of “classified information” outlined in EO 13526, Part 1, Section 1.1. There is ample open-source information about the efforts I describe below, including statements by the President and Mr. Giuliani. In addition, based on my personal observations, there is discretion with respect to the classification of private comments by or instructions from the President, including his communications with foreign leaders; information that is not related to U.S. foreign policy or national security—such as the information contained in this document, when separated from the Enclosure—is generally treated as unclassified. I also believe that applying a classification marking to this information would violate EO 13526, Part 1, Section 1.7, which states: “In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to: (1) conceal violations of law, inefficiency, or administrative error; [or] (2) prevent embarrassment to a person, organization, or agency.”

2 It is unclear whether such a Ukrainian investigation exists. See Footnote #7 for additional information.

3 I do not know why the President associates these servers with Ukraine. (See, for example, his comments to Fox News on 20 July: “And Ukraine. Take a look at Ukraine. How come the FBI didn’t take this server? Podesta told them to get out. He said, get out. So, how come the FBI didn’t take the server from the DNC?”)

2
UNCLASSIFIED

UNCLASSIFIED

The President also praised Ukraine’s Prosecutor General, Mr. Yuriy Lutsenko, and suggested that Mr. Zelenskyy might want to keep him in his position. (Note: Starting in March 2019, Mr. Lutsenko made a series of public allegations—many of which he later walked back—about the Biden family’s activities in Ukraine, Ukrainian officials’ purported involvement in the 2016 U.S. election, and the activities of the U.S. Embassy in Kyiv. See Part IV for additional context.)

The White House officials who told me this information were deeply disturbed by what had transpired in the phone call.2 They told me that there was already a “discussion ongoing” with White House lawyers about how to treat the call because of the likelihood, in the officials’ retelling, that they had witnessed the President abuse his office for personal gain.

The Ukrainian side was the first to publicly acknowledge the phone call. On the evening of 25 July, a readout was posted on the website of the Ukrainian President that contained the following line (translation from original Russian-language readout):

  • “Donald Trump expressed his conviction that the new Ukrainian government will be able to quickly improve Ukraine’s image and complete the investigation of corruption cases that have held back cooperation between Ukraine and the United States.”

Aside from the above-mentioned “cases” purportedly dealing with the Biden family and the 2016 U.S. election, I was told by White House officials that no other “cases” were discussed.

Based on my understanding, there were approximately a dozen White House officials who listened to the call — a mixture of policy officials and duty officers in the White House Situation Room, as is customary. The officials I spoke with told me that participation in the call had not been restricted in advance because everyone expected it would be a “routine” call with a foreign leader. I do not know whether anyone was physically present with the President during the call.

  • In addition to White House personnel, I was told that a State Department official, Mr. T. Ulrich Brechbuhl, also listened in on the call.
  • I was not the only non-White House official to receive a readout of the call. Based on my understanding, multiple State Department and Intelligence Community officials were also briefed on the contents of the call as outlined above.

II. Efforts to restrict access to records related to the call

In the days following the phone call, I learned from multiple U.S. officials that senior White House officials had intervened to “lock down” all records of the phone call, especially the official word-for-word transcript of the call that was produced—as is customary—by the White House Situation Room.3 This set of actions underscored to me that White House officials understood the gravity of what had transpired in the call.

  • White House officials told me that they were “directed” by White House lawyers to remove the electronic transcript from the computer system in which such transcripts are typically stored for coordination, finalization, and distribution to Cabinet-level officials.

3
UNCLASSIFIED

Page 3

  • 2 In a July 25 phone call with the Ukrainian president, Mr. Trump brought up American aid to that country — without explicitly mentioning that he had just frozen a military aid package of hundreds of millions of dollars — and then pressed the Ukrainian leader to investigate Mr. Biden. White House officials believed they had witnessed Trump abuse his power for personal political gain.
  • 3 The whistle-blower writes that White House lawyers “directed” White House officials to remove records of the July 25 call from the system where such documents are normally stored and place it instead in a system for storing highly classified information, like files related to covert actions, even though it did not meet the criteria, in order to limit the number of officials who could see it.

UNCLASSIFIED

  • Instead, the transcript was loaded into a separate electronic system that is otherwise used to store and handle classified information of an especially sensitive nature. One White House official described this act as an abuse of this electronic system because the call did not contain anything remotely sensitive from a national security perspective.

I do not know whether similar measures were taken to restrict access to other records of the call, such as contemporaneous handwritten notes taken by those who listened in.

III. Ongoing concerns

On 26 July, a day after the call, U.S. Special Representative for Ukraine Negotiations Kurt Volker visited Kyiv and met with President Zelenskyy and a variety of Ukrainian political figures. Ambassador Volker was accompanied in his meetings by U.S. Ambassador to the European Union Gordon Sondland. Based on multiple readouts of these meetings recounted to me by various U.S. officials, Ambassadors Volker and Sondland reportedly provided advice to the Ukrainian leadership about how to “navigate” the demands that the President had made of Mr. Zelenskyy.

I also learned from multiple U.S. officials that, on or about 2 August, Mr. Giuliani reportedly traveled to Madrid to meet with one of President Zelenskyy’s advisers, Andriy Yermak. The U.S. officials characterized this meeting, which was not reported publicly at the time, as a “direct follow-up” to the President’s call with Mr. Zelenskyy about the “cases” they had discussed.

  • Separately, multiple U.S. officials told me that Mr. Giuliani had reportedly privately reached out to a variety of other Zelenskyy advisers, including Chief of Staff Andriy Bohdan and Acting Chairman of the Security Service of Ukraine Ivan Bakanov.4
  • I do not know whether those officials met or spoke with Mr. Giuliani, but I was told separately by multiple U.S. officials that Mr. Yermak and Mr. Bakanov intended to travel to Washington in mid-August.

On 9 August, the President told reporters: “I think [President Zelenskyy] is going to make a deal with President Putin, and he will be invited to the White House. And we look forward to seeing him. He’s already been invited to the White House, and he wants to come. And I think he will. He’s a very reasonable guy. He wants to see peace in Ukraine, and I think he will be coming very soon, actually.”

IV. Circumstances leading up to the 25 July Presidential phone call

Beginning in late March 2019, a series of articles appeared in an online publication called The Hill. In these articles, several Ukrainian officials — most notably, Prosecutor General Yuriy Lutsenko — made a series of allegations against other Ukrainian officials and current and former U.S. officials. Mr. Lutsenko and his colleagues alleged, inter alia:

4 In a report published by the Organized Crime and Corruption Reporting Project (OCCRP) on 22 July, two associates of Mr. Giuliani reportedly traveled to Kyiv in May 2019, and met with Mr. Bakanov and another close Zelenskyy adviser, Mr. Serhiy Shefir.

4
UNCLASSIFIED

UNCLASSIFIED

  • that they possessed evidence that Ukrainian officials — namely, Head of the National Anticorruption Bureau of Ukraine Artem Sytnyk and Member of Parliament Serhiy Leshchenko — had “interfered” in the 2016 U.S. presidential election, allegedly in collaboration with the DNC and the U.S. Embassy in Kyiv5;
  • that the U.S. Embassy in Kyiv — specifically, U.S. Ambassador Marie Yovanovitch, who had criticized Mr. Lutsenko’s organization for its poor record on fighting corruption — had allegedly obstructed Ukrainian law enforcement agencies’ pursuit of corruption cases, including by providing a “do not prosecute” list, and had blocked Ukrainian prosecutors from traveling to the United States expressly to prevent them from delivering their “evidence” about the 2016 U.S. election;6 and
  • that former Vice President Biden had pressured former Ukrainian President Petro Poroshenko in 2016 to fire then Ukrainian Prosecutor General Viktor Shokin in order to quash a purported criminal probe into Burisma Holdings, a Ukrainian energy company on whose board the former Vice President’s son, Hunter, sat.7

In several public comments,8 Mr. Lutsenko also stated that he wished to communicate directly with Attorney General Barr on these matters.9

The allegations by Mr. Lutsenko came on the eve of the first round of Ukraine’s presidential election on 31 March. By that time, Mr. Lutsenko’s political patron, President Poroshenko, was trailing Mr. Zelenskyy in the polls and appeared likely to be defeated. Mr. Zelenskyy had made known his desire to replace Mr. Lutsenko as Prosecutor General.4 On 21 April, Mr. Poroshenko lost the runoff to Mr. Zelenskyy by a landslide. See Enclosure for additional information.

5 Mr. Sytnyk and Mr. Leshchenko are two of Mr. Lutsenko’s main domestic rivals. Mr. Lutsenko has no legal training and has been widely criticized in Ukraine for politicizing criminal probes and using his tenure as Prosecutor General to protect corrupt Ukrainian officials. He has publicly feuded with Mr. Sytnyk, who heads Ukraine’s only competent anticorruption body, and with Mr. Leshchenko, a former investigative journalist who has repeatedly criticized Mr. Lutsenko’s record. In December 2018, a Ukrainian court upheld a complaint by a Member of Parliament, Mr. Boryslav Rozenblat, who alleged that Mr. Sytnyk and Mr. Leshchenko had “interfered” in the 2016 U.S. election by publicizing a document detailing corrupt payments made by former Ukrainian President Viktor Yanukovych before his ouster in 2014. Mr. Rozenblat had originally filed the motion in late 2017 after attempting to flee Ukraine amid an investigation into his taking of a large bribe. On 16 July 2019, Mr. Leshchenko publicly stated that a Ukrainian court had overturned the lower court’s decision.

6 Mr. Lutsenko later told Ukrainian news outlet The Babel on 17 April that Ambassador Yovanovitch had never provided such a list, and that he was, in fact, the one who requested such a list.

7 Mr. Lutsenko later told Bloomberg on 16 May that former Vice President Biden and his son were not subject to any current Ukrainian investigations, and that he had no evidence against them. Other senior Ukrainian officials also contested his original allegations; one former senior Ukrainian prosecutor told Bloomberg on 7 May that Mr. Shokin in fact was not investigating Burisma at the time of his removal in 2016.

8 See, for example, Mr. Lutsenko’s comments to The Hill on 1 and 7 April and his interview with The Babel on 17 April, in which he stated that he had spoken with Mr. Giuliani about arranging contact with Attorney General Barr.

9 In May, Attorney General Barr announced that he was initiating a probe into the “origins” of the Russia investigation. According to the above-referenced OCCRP report (22 July), two associates of Mr. Giuliani claimed to be working with Ukrainian officials to uncover information that would become part of this inquiry. In an interview with Fox News on 8 August, Mr. Giuliani claimed that Mr. John Durham, whom Attorney General Barr designated to lead this probe, was “spending a lot of time in Europe” because he was “investigating Ukraine.” I do not know the extent to which, if at all, Mr. Giuliani is directly coordinating his efforts on Ukraine with Attorney General Barr or Mr. Durham.

5
UNCLASSIFIED

Page 5

  • 4 A widely criticized Ukrainian prosecutor piqued Mr. Trump’s and Mr. Giuliani’s interest by floating allegations to The Hill — but then backtracked. In the July 25 phone call, Mr. Trump was apparently referring to Mr. Lutsenko when he told the Ukrainian president that, “I heard you had a prosecutor who was very good and he was shut down and that’s really unfair.”

UNCLASSIFIED

  • It was also publicly reported that Mr. Giuliani had met on at least two occasions with Mr. Lutsenko: once in New York in late January and again in Warsaw in mid-February. In addition, it was publicly reported that Mr. Giuliani had spoken in late 2018 to former Prosecutor General Shokin, in a Skype call arranged by two associates of Mr. Giuliani.10
  • On 25 April in an interview with Fox News, the President called Mr. Lutsenko’s claims “big” and “incredible” and stated that the Attorney General “would want to see this.”

On or about 29 April, I learned from U.S. officials with direct knowledge of the situation that Ambassador Yovanovitch had been suddenly recalled to Washington by senior State Department officials for “consultations” and would most likely be removed from her position.

  • Around the same time, I also learned from a U.S. official that “associates” of Mr. Giuliani were trying to make contact with the incoming Zelenskyy team.11
  • On 6 May, the State Department announced that Ambassador Yovanovitch would be ending her assignment in Kyiv “as planned.”
  • However, several U.S. officials told me that, in fact, her tour was curtailed because of pressure stemming from Mr. Lutsenko’s allegations. Mr. Giuliani subsequently stated in an interview with a Ukrainian journalist published on 14 May that Ambassador Yovanovitch was “removed…because she was part of the efforts against the President.”

On 9 May, The New York Times reported that Mr. Giuliani planned to travel to Ukraine to press the Ukrainian government to pursue investigations that would help the President in his 2020 reelection bid.

  • In his multitude of public statements leading up to and in the wake of the publication of this article, Mr. Giuliani confirmed that he was focused on encouraging Ukrainian authorities to pursue investigations into alleged Ukrainian interference in the 2016 U.S. election and alleged wrongdoing by the Biden family.12
  • On the afternoon of 10 May, the President stated in an interview with Politico that he planned to speak with Mr. Giuliani about the trip.
  • A few hours later, Mr. Giuliani publicly canceled his trip, claiming that Mr. Zelenskyy was “surrounded by enemies of the [U.S.] President…and of the United States.”

On 11 May, Mr. Lutsenko met for two hours with President-elect Zelenskyy, according to a public account given several days later by Mr. Lutsenko. Mr. Lutsenko publicly stated that he had told Mr. Zelenskyy that he wished to remain as Prosecutor General.

10 See, for example, the above-referenced articles in Bloomberg (16 May) and OCCRP (22 July).

11 I do not know whether these associates of Mr. Giuliani were the same individuals named in the 22 July report by OCCRP, referenced above.

12 See, for example, Mr. Giuliani’s appearance on Fox News on 6 April and his tweets on 23 April and 10 May. In his interview with The New York Times, Mr. Giuliani stated that the President “basically knows what I’m doing, sure, as his lawyer.” Mr. Giuliani also stated: “We’re not meddling in an election, we’re meddling in an investigation, which we have a right to do… There’s nothing illegal about it… Somebody could say it’s improper. And this isn’t foreign policy – I’m asking them to do an investigation that they’re doing already and that other people are telling them to stop. And I’m going to give them reasons why they shouldn’t stop it because that information will be very, very helpful to my client, and may turn out to be helpful to my government.”

6
UNCLASSIFIED

UNCLASSIFIED

Starting in mid-May, I heard from multiple U.S. officials that they were deeply concerned by what they viewed as Mr. Giuliani’s circumvention of national security decisionmaking processes to engage with Ukrainian officials and relay messages back and forth between Kyiv and the President.5 These officials also told me:

  • that State Department officials, including Ambassadors Volker and Sondland, had spoken with Mr. Giuliani in an attempt to “contain the damage” to U.S. national security; and
  • that Ambassadors Volker and Sondland during this time period met with members of the new Ukrainian administration and, in addition to discussing policy matters, sought to help Ukrainian leaders understand and respond to the differing messages they were receiving from official U.S. channels on the one hand, and from Mr. Giuliani on the other.

During this same timeframe, multiple U.S. officials told me that the Ukrainian leadership was led to believe that a meeting or phone call between the President and President Zelenskyy would depend on whether Zelenskyy showed willingness to “play ball” on the issues that had been publicly aired by Mr. Lutsenko and Mr. Giuliani. (Note: This was the general understanding of the state of affairs as conveyed to me by U.S. officials from late May into early July. I do not know who delivered this message to the Ukrainian leadership, or when.) See Enclosure for additional information.

Shortly after President Zelenskyy’s inauguration, it was publicly reported that Mr. Giuliani met with two other Ukrainian officials: Ukraine’s Special Anticorruption Prosecutor, Mr. Nazar Kholodnytskyy, and a former Ukrainian diplomat named Andriy Telizhenko. Both Mr. Kholodnytskyy and Mr. Telizhenko are allies of Mr. Lutsenko and made similar allegations in the above-mentioned series of articles in The Hill.

On 13 June, the President told ABC’s George Stephanopoulos that he would accept damaging information on his political rivals from a foreign government.

On 21 June, Mr. Giuliani tweeted: “New Pres of Ukraine still silent on investigation of Ukrainian interference in 2016 and alleged Biden bribery of Poroshenko. Time for leadership and investigate both if you want to purge how Ukraine was abused by Hillary and Clinton people.”

In mid-July, I learned of a sudden change of policy with respect to U.S. assistance for Ukraine. See Enclosure for additional information.

ENCLOSURE: Classified appendix

7
UNCLASSIFIED

Page 7

  • 5 The State Department saw Mr. Giuliani’s rogue outreach to Ukraine for Trump as a threat to national security. The whistle-blower recounts the struggles by the senior United States diplomats to deal with the confusion created by the president dispatching his personal lawyer, Rudolph W. Giuliani, to pressure Ukrainian officials to develop dirt against the Bidens, both in the run-up to the July 25 call and its aftermath.

TOP SECRET/■■■■■■■■■■■■■■■■■■■■■■■■■■■

August 12, 2019

(U) CLASSIFIED APPENDIX

(U) Supplementary classified information is provided as follows:

(U) Additional information related to Section II

(TS/■■■■■■■■■) According to multiple White House officials I spoke with, the transcript of the President’s call with President Zelenskyy was placed into a computer system managed directly by the National Security Council (NSC) Directorate for Intelligence Programs. This is a standalone computer system reserved for codeword-level intelligence information, such as covert action. According to information I received from White House officials, some officials voiced concerns internally that this would be an abuse of the system and was not consistent with the responsibilities of the Directorate for Intelligence Programs. According to White House officials I spoke with, this was “not the first time” under this Administration that a Presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive—rather than national security sensitive—information.

(U) Additional information related to Section IV

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(S/■■■■■■■■■) I would like to expand upon two issues mentioned in Section IV that might have a connection with the overall effort to pressure the Ukrainian leadership. As I do not know definitively whether the below-mentioned decisions are connected to the broader efforts I describe, I have chosen to include them in the classified annex. If they indeed represent genuine policy deliberations and decisions formulated to advance U.S. foreign policy and national security, one might be able to make a reasonable case that the facts are classified.

  • (S/■■■■■■■■■) I learned from U.S. officials that, on or around 14 May, the President instructed Vice President Pence to cancel his planned travel to Ukraine to attend President

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  • Zelenskyy’s inauguration on 20 May; Secretary of Energy Rick Perry led the delegation instead. According to these officials, it was also “made clear” to them that the President did not want to meet with Mr. Zelenskyy until he saw how Zelenskyy “chose to act” in office. I do not know how this guidance was communicated, or by whom. I also do not know whether this action was connected with the broader understanding, described in the unclassified letter, that a meeting or phone call between the President and President Zelenskyy would depend on whether Zelenskyy showed willingness to “play ball” on the issues that had been publicly aired by Mr. Lutsenko and Mr. Giuliani.
  • ( S/■■■■■■■■■) On 18 July, an Office of Management and Budget (OMB) official informed Departments and Agencies that the President “earlier that month” had issued instructions to suspend all U.S. security assistance to Ukraine. Neither OMB nor the NSC staff knew why this instruction had been issued. During interagency meetings on 23 July and 26 July, OMB officials again stated explicitly that the instruction to suspend this assistance had come directly from the President, but they still were unaware of a policy rationale. As of early August, I heard from U.S. officials that some Ukrainian officials were aware that U.S. aid might be in jeopardy, but I do not know how or when they learned of it.

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Intelligence Community Whistleblower Protection Act

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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

  1. ^ Title VII of Public Law No: 105-272
  2. ^ Goss, Porter J. (1998-10-20). “Text – H.R.3694 – 105th Congress (1997-1998): Intelligence Authorization Act for Fiscal Year 1999”http://www.congress.gov. Retrieved 2019-09-20.  This article incorporates text from this source, which is in the public domain.
  3. Jump up to:a b c d “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.
  4. ^ “Statement on National Security Whistleblower Protection” (PDF)Federation of American Scientists. Retrieved December 21, 2010.
  5. ^ “Letter from the Office of the Director of National Intelligence” (PDF). Federation of American Scientists. March 8, 2014. Retrieved November 25, 2015.

 

Story 2:  Unbelievable Adam Schiff: Pathological Prevaricator Pervert Parody of Whistle-blower Blow Job Does Not Come Out As Expected — Videos —

Schiff slammed for ‘parody’ of Trump call transcript

Jeanine Pirro: Dems don’t have a case for impeachment

WATCH: Rep. Adam Schiff’s full opening statement on whistleblower complaint | DNI hearing

Fmr. Intel Official: Trump Aides Could Face Criminal Exposure | The Beat With Ari Melber | MSNBC

Gowdy goes after Schiff for ‘making stuff up’ at DNI hearing

Adam Schiff Makes Up His Own Version of the Trump Transcript I White House Brief

Donald Trump rages against Adam Schiff reading a parody version of his Ukraine phone call demanding he resign for ‘fraud’ – and accuses CNN of dropping the ‘hyphen’ from insulting Schiff as ‘Liddle’ Adam’

  • Donald Trump erupted on House Intel Chairman Adam Schiff for reading a ‘parody’ of the president’s call with Ukraine at a Capitol Hill hearing
  • Schiff did not characterize it as such at the time of the reading
  • Trump said that Schiff should resign from the House of Representatives  
  • Still raging against Schiff some two hours later, he said Schiff ‘totally made up my conversation with Ukraine President and read it to Congress and Millions’
  • ‘He must resign and be investigated,’ Trump tweeted. ‘He is a sick man!’
  • The president was on the warpath against Schiff and CNN, which he accused of dropping the ‘hyphen’ in his attack on ‘Liddle’ Adam Schiff
  • ‘I used the word Liddle’, not Liddle, in discribing Corrupt Congressman Liddle’ Adam Schiff,’ he argued in a tweet in which he misspelled ‘describing’
  • His assault immediately trended on Twitter as users pointed out that he meant to claim the network had dropped his apostrophe in the nickname not a hyphen
  • Schiff told Trump in a response tweet that he that the president was the one who got caught – caught engaging in a ‘shakedown’ and a ‘cover up’ of the call
  • ‘But you’re right about one thing — your words need no mockery. Your own words and deeds mock themselves,’ the Democratic lawmaker charged

Donald Trump erupted on House Intel Chairman Adam Schiff on Friday for reading what the congressman later described as a ‘parody’ of the president’s call with Ukraine at a Capitol Hill hearing without characterizing it as such at the time.

Trump said that Schiff should resign from his California seat in the House of Representatives.

He wrote: ‘HE WAS DESPERATE AND HE GOT CAUGHT. Adam Schiff therefore lied to Congress and attempted to defraud the American Public. He has been doing this for two years. I am calling for him to immediately resign from Congress based on this fraud!’

Still raging against Schiff some two hours later, the president claimed the Democratic congressman is deranged.

‘Rep. Adam Schiff totally made up my conversation with Ukraine President and read it to Congress and Millions. He must resign and be investigated. He has been doing this for two years. He is a sick man!’ he said.

The president was on the warpath against Schiff and CNN, which he accused of dropping the ‘hyphen’ in his attack on ‘Liddle’ Adam Schiff.

‘I used the word Liddle’, not Liddle, in discribing Corrupt Congressman Liddle’ Adam Schiff,’ he argued.

The president is on the warpath against House Intel Chair Adam Schiff and CNN, which he accused of dropping the 'hyphen' in his attack on 'Liddle' Adam Schiff.

The president is on the warpath against House Intel Chair Adam Schiff and CNN, which he accused of dropping the ‘hyphen’ in his attack on ‘Liddle’ Adam Schiff.

Trump said that Schiff should resign from his California seat in the House of Representatives

Trump said that Schiff should resign from his California seat in the House of Representatives

Schiff also told Trump in a response tweet that he that the president was the one who got caught – caught engaging in a ‘shakedown’ and a ‘cover up’ of what happened in his call with Ukraine’s Volodymyr Zelensky.

‘You engaged in a shakedown to get election dirt from a foreign country. And then you tried to cover it up. But you’re right about one thing — your words need no mockery. Your own words and deeds mock themselves. But most importantly here, they endanger our country,’ he stated.

Schiff angered Trump during a Thursday hearing where lawmakers pressed the acting Director of National Intelligence to explain why the administration attempted to ‘lock down’ the transcript of a call between Trump and the Ukranian president, according to a whistleblower complaint.

‘I have a favor I want from you,’ Schiff read aloud without disclosing that he was about to read from a parody of the call. ‘And I’m going to say this only seven times, so you better listen good. I want you to make up dirt on my political opponent, understand? Lots of it, on this and on that.’

Trump did ask for a favor but he did not use the phrasing in a rough transcript the White House released that Schiff went on to use as he mocked him while reading from a piece of paper that led some to believe he was sharing verified information.

‘Rep. Adam Schiff fraudulently read to Congress, with millions of people watching, a version of my conversation with the President of Ukraine that doesn’t exist. He was supposedly reading the exact transcribed version of the call, but he completely changed the words to make it sound horrible, and me sound guilty,’ the president on Friday morning charged.

He said at another point his assault on Schiff that he intentionally calls him ‘Liddle’ instead of ‘Little’ as he responded to commentary he’d apparently been watching on CNN.

‘To show you how dishonest the LameStream Media is, I used the word Liddle’, not Liddle, in discribing Corrupt Congressman Liddle’ Adam Schiff. Low ratings CNN purposely took the hyphen out and said I spelled the word little wrong. A small but never ending situation with CNN!’ he stated.

Schiff told Trump in a tweet that he that the president was the one who got caught - caught engaging in a 'shakedown' and a 'cover up'

Schiff told Trump in a tweet that he that the president was the one who got caught – caught engaging in a ‘shakedown’ and a ‘cover up’

Trump zeroed in on Schiff on Thursday after the president's acting Director of National Intelligence testified at an open hearing on Capitol Hill. He's seen making a statement at a photo op where he delcined to take questions on the White House's South Lawn

Trump zeroed in on Schiff on Thursday after the president’s acting Director of National Intelligence testified at an open hearing on Capitol Hill. He’s seen making a statement at a photo op where he delcined to take questions on the White House’s South Lawn

In that tweet, he did spell a word wrong – ‘describing’ – leaving out the e and replacing it with an errant i.

He sent out corrected versions of his Schiff tweets as Twitter users ribbed him for mistakes while complaining about his coverage.

Trump zeroed in on Schiff on Thursday after the president’s acting Director of National Intelligence testified at an open hearing on Capitol Hill. The president told traveling press that he caught some of the hearing before he left his New York City penthouse.

‘We’ve done so many things that are so incredible with tax cuts and regulations. And I have to put up with Adam Schiff on a per- — on an absolutely perfect phone call to the new President of Ukraine. That was a perfect call,’ the president said on the tarmac at Joint Base Andrews after landing near Washington.

The president declined to take reporters questions – he only wanted to rail against his Capitol Hill nemesis.

Trump said that Schiff should be investigating payments that former Vice President Joe Biden’s son received from a Ukrainian company while it was under investigation.

‘But Adam Schiff doesn’t talk about Joe Biden and his son walking away with millions of dollars from Ukraine, and then millions of dollars from China. Walking away — in a quick meeting, walking away with millions of dollars,’ he fumed.

‘He doesn’t talk about Joe Biden firing a prosecutor, and if that prosecutor is not fired, he’s not going to give him money from the United States of America. They don’t talk about that.’

https://www.dailymail.co.uk/news/article-7512109/Donald-Trump-demands-Adam-Schiff-resign-fraud-revives-Liddle-attack.html

 

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The Pronk Pops Show 863, March 29, 2017, Story 1: Obama Administration Requested The Unmasking of American Citizens Names From National Security Agency Documents –Big Brother Is Spying On You — Videos — Story 2: Democrats Focus On Republican Intelligence Committee Chairman Devin Nunes Instead of Invasion of Privacy of American People By Former Democratic President Barack Obama — Obamagate — Videos

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Story 1: Obama Administration Requested The Unmasking of American Citizens Names From National Security Agency Documents –Big Brother Barack Was Spying On You — Videos — 

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Obama’s rule changes opened door for NSA intercepts of Americans to reach political hands

by John Solomon and Sara Carter

As his presidency drew to a close, Barack Obama’s top aides routinely reviewed intelligence reports gleaned from the National Security Agency’s incidental intercepts of Americans abroad, taking advantage of rules their boss relaxed starting in 2011 to help the government better fight terrorism, espionage by foreign enemies and hacking threats, Circa has learned.

The NSA is expected to turn over logs as early as this week to congressional committees detailing who consumed reports with unmasked Americans’ identities from their intercepts since the summer of 2016.

This information is likely to become a primary focus of the Russia counterintelligence probe of the House and Senate Intelligence Committees.

Circa confirmed the unmasking procedures through interviews with intelligence professionals and by reviewing previously classified documents it obtained that described the loosening of privacy requirements.

To intelligence professionals, the public revelations affirm an undeniable reality.

Over the last decade, the assumption of civil liberty and privacy protections for Americans incidentally intercepted by the NSA overseas has been eroded in the name of national security.

Today, the power to unmask an American’s name inside an NSA intercept — once considered a rare event in the intelligence and civil liberty communities — now resides with about 20 different officials inside the NSA alone. The FBI also has the ability to unmask Americans’ names to other intelligence professionals and policymakers.

And the justification for requesting such unmasking can be as simple as claiming “the identity of the United States person is necessary to understand foreign intelligence information or assess its importance,” according to a once-classified document that the Obama administration submitted in October 2011 for approval by the Foreign Intelligence Surveillance Court. It laid out specifically how and when the NSA could unmask an American’s identity.

A U.S. intelligence official directly familiar with the procedures told Circa that while the unmasking requirements have been eased and the availability of intercepts widened, the NSA still regards protecting Americans’ privacy as essential.

“When [the NSA] uses their authority to unmask them we have very stringent rules,” the official said, speaking only on condition of anonymity due to secret nature of the NSA’s work. “We have very strict oversight from all three branches of government — the executive, judicial and legislative.

Spokesmen for Obama, Brennan, Lynch and Rice did not immediately return calls Tuesday seeking comment. However, when questioned recently about House Intelligence Committee Chairman Devin Nunes’ allegations that Obama administration officials had access to unmasked American intercepts of Trump associates at the end of the Obama presidency, Rice said she knew of no reason for concern.

“I know nothing about this. I was surprised to see reports from Chairman Nunes on that account today,” Rice told PBS.

“There may be very good reasons for some political appointees to need access to a non-minimized intelligence reporting but we don’t know and given the breadth of unmasked sharing that went on, there is the strong possibility of abusive or excessive access that harmed Americans’ privacy,” said an intel source familiar with the data. Added another: “Wholesale access to unmasked incidental NSA intercepts essentially created the potential for spying on Americans overseas after the fact, which is exactly what our foreign intelligence arms are not supposed to be doing.”

The ACLU, an ally of Obama on many issues, issued a statement a few months ago warning that the president’s loosened procedures governing who could request or see unmasked American intercepts by the NSA were “grossly inadequate” and lacked “appropriate safeguards.”

Nunes, the House intelligence panel chairman who was not interviewed for this story, alleged in the last week he has received evidence that Obama administration political figures gained access to unmasked American identities through foreign intercepts involving the Trump transition team between November and January.

The FBI and House and Senate intelligence committee will also try to determine if that access led to the leaking of sensitive intelligence, such as the media reports that Trump National Security adviser Mike Flynn was intercepted last December by the FBI having contact with the Russian ambassador.

The NSA is strictly forbidden from targeting Americans for surveillance while carrying out is perfectly legal and essential mission to spy on foreign powers, encoded in FISA’s Section 702.

The NSA, however, was granted dispensation from any penalty if it wiretaps or collects information of an American accidentally, an event known as an incidental collection.

The number of senior government officials who could approve unmasking had been limited to just a few, like the NSA director himself.

One of those relaxations came in 2011 when Attorney General Eric Holder sent a memo to the FISA court laying out the rules for sharing unmasked intercepts of Americans captured incidentally by the NSA. The court approved the approach.

In 2015, those rules were adapted to determine not only how the FBI got access to unmasked intelligence from NSA or FISA intercepts but also other agencies. One of the requirements, the NSA and FBI had to keep good records of who requested and gained access to the unredacted information.

And in his final days in office, Obama created the largest ever expansion of access to non-minimized NSA intercepts, creating a path for all U.S. intelligence to gain access to unmasked reports by changes encoded in a Reagan-era Executive Order 12333.

The government officials who could request or approve an exception to unmask a U.S. citizen’s identity has grown substantially. The NSA now has 20 executives who can approve the unmasking of American information inside intercepts, and the FBI has similar numbers.

And executives in 16 agencies — not just the FBI, CIA and NSA — have the right to request unmasked information.

Even when an American’s name isn’t included in a report, the NSA’s intercept information could be so specific that it identifies them.

In one hypothetical example offered by an intelligence professional, “if NSA included a day-after-the-election intercept of foreign leaders congratulating an American on his election to the presidency, it wouldn’t be hard to figure out the intercepted person was Donald Trump in 2016 or Barack Obama back in 2008.”

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Executive Order 12333

From Wikipedia, the free encyclopedia

Executive Order 12333 was signed by President Ronald Reagan on December 4, 1981.

On December 4, 1981, U.S. President Ronald Reagan signed Executive Order 12333, an Executive Order intended to extend powers and responsibilities of U.S. intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information.[1] This executive order was entitled United States Intelligence Activities.

It was amended by Executive Order 13355: Strengthened Management of the Intelligence Community, on August 27, 2004. On July 30, 2008, President George W. Bush issued Executive Order 13470[2] amending Executive Order 12333 to strengthen the role of the DNI.[3][4]

Part 1

“Goals, Direction, Duties and Responsibilities with Respect to the National Intelligence Effort” lays out roles for various intelligence agencies, including the Departments of Defense, Energy, State, and Treasury.

Part 2

“Conduct of Intelligence Activities” provides guidelines for actions of intelligence agencies.

Collection of Information

Part 2.3 permits collection, retention and dissemination of the following types of information along with several others.

“(c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation”[1]

“(i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws”[1]

Proscription on assassination

Part 2.11 of this executive order reiterates a proscription on US intelligence agencies sponsoring or carrying out an assassination. It reads:[5]

No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.

Previously, EO 11905 (Gerald Ford) had banned political assassinations and EO 12036 (Jimmy Carter) had further banned indirect U.S. involvement in assassinations.[6] As early as 1998, this proscription against assassination was reinterpreted, and relaxed, for targets who are classified by the United States as connected to terrorism.[7][8]

Impact

Executive Order 12333 has been regarded by the American intelligence community as a fundamental document authorizing the expansion of data collection activities.[9] The document has been employed by the National Security Agency as legal authorization for its collection of unencrypted information flowing through the data centers of internet communications giants Google and Yahoo!.[9]

In July 2014 chairman David Medine and two other members of the Privacy and Civil Liberties Oversight Board, a government oversight agency, indicated a desire to review Executive Order 12333 in the near future, according to a report by journalist Spencer Ackerman of The Guardian.[9]

In July 2014, former State Department official John Tye published an editorial in The Washington Post, citing his prior access to classified material on intelligence-gathering activities under Executive Order 12333, and arguing that the order represented a significant threat to Americans’ privacy and civil liberties.[10]

See also

Footnotes

  1. ^ Jump up to:a b c Ronald Reagan, “Executive Order 12333—United States Intelligence Activities,” US Federal Register, Dec. 4, 1981.
  2. Jump up^ “Executive Order 13470”. Fas.org. Retrieved May 6, 2011.
  3. Jump up^ “Bush Orders Intelligence Overhaul”, by Associated Press, July 31, 2008
  4. Jump up^ Executive Order: Further Amendments to Executive Order 12333, United States Intelligence Activities, White House, July 31, 2008
  5. Jump up^ “Executive Orders”. Archives.gov. Retrieved May 6, 2011.
  6. Jump up^ CRS Report for Congress Assassination Ban and E.O. 12333: A Brief Summary January 4, 2002
  7. Jump up^ Walter Pincus (February 15, 1998). “Saddam Hussein’s Death Is a Goal, Says Ex-CIA Chief”. The Washington Post. p. A36. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
  8. Jump up^ Barton Gellman (October 21, 2001). “CIA Weighs ‘Targeted Killing’ Missions: Administration Believes Restraints Do Not Bar Singling Out Individual Terrorists”. The Washington Post. p. A01. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
  9. ^ Jump up to:a b c Spencer Ackerman, “NSA Reformers Dismayed after Privacy Board Vindicates Surveillance Dragnet: Privacy and Civil Liberties Oversight Board Endorses Agency’s So-called ‘702’ Powers, Plus Backdoor Searches of Americans’ Information”, ‘The Guardian (London), July 2, 2014.
  10. Jump up^ Farivar, Cyrus (August 20, 2014). “Meet John Tye: the kinder, gentler, and by-the-book whistleblower”. Ars Technica.

Further reading

Full text

External links

Sensitive Compartmented Information Facility

From Wikipedia, the free encyclopedia

National Security Advisor Susan Rice and President Barack Obama speaking on secure phones in a Sensitive Compartmented Information Facility after the 2016 Brussels bombings

A Sensitive Compartmented Information Facility (SCIF; pronounced “skiff”) in United States military, national security/national defense and intelligence parlance, is an enclosed area within a building that is used to process Sensitive Compartmented Information (SCI) types of classified information.

SCI is usually only briefed, discussed, and stored in an accredited SCIF.[citation needed]

Access

Access to SCIFs is normally limited to those individuals with appropriate security clearances.[1] Non-cleared personnel in SCIF must be under the constant oversight of cleared personnel and all classified information and material removed from view in order to prevent unauthorized access to said information and material;[2] as part of this process, non-cleared personnel are also typically required to surrender all recording, photographic and other electronic media devices.[3] All of the activity and conversation inside is presumed restricted from public disclosure.

Construction

Some entire buildings are SCIFs where all but the front foyer is secure. A SCIF can also be located in an air, ground or maritime vehicle, or can be established on a temporary basis at a specific site. The physical construction, access control, and alarming of the facility has been defined by various directives, including Director of Central Intelligence Directives (DCIDs) 1/21 and 6/9, and most recently (2011) by Intelligence Community Directive (ICD) 705, signed by the Director of National Intelligence. ICD 705 is a three-page capstone document that implements Intelligence Community Standard (ICS) 705-1, ICS 705-2 and the TECHNICAL SPECIFICATIONS FOR CONSTRUCTION AND MANAGEMENT OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES or “Tech Specs.” The latest version of the Tech Specs was published in September 2015 (Version 1.3).

Computers operating within such a facility must conform to rules established by ICD 503. Computers and telecommunication equipment within must conform to TEMPEST emanations specification as directed by a Certified TEMPEST Technical Authority (CTTA).

See also

References

External links

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

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