Op Ed By One Of Our People| Democrat and House Intelligence Chairman, Adam Schiff, has subpoenaed Acting Director of National Intelligence, Joseph Maguire. The subpoena apparently revolves around Schiff’s accusation that Maguire has been illegally withholding a potentially important Congressional whistleblower tip, which the most discredited Congressman in US history (IMHO), Schiff alleges the DNI may be “covering up the president’s misconduct.”
About a week and a half ago Mr. Schiff, or “Pencil Neck” as the President calls him sent a letter to DNI Maguire which stated: “The Committee can only conclude, based on this remarkable confluence of factors, that the serious misconduct at issue involves the President of the United States and/or other senior White House or Administration officials,”
Last month the complaint was officially filed. Which was not long after Maguire was named as acting DNI Chief.
According to the Gateway Pundit, “Joseph Maguire refused to comply with Schiff’s September 17 deadline and will not testify this week or hand over the whistleblower complaint, prompting a standoff with Congress.”
Tuesday night, the Office of the Director of National Intelligence sent letters to committee Chairman Adam Schiff, a California Democrat, and ranking Republican Devin Nunes of California, saying the complaint “does not meet the definition of ‘urgent concern’ because it does not relate to ‘intelligence activity.’ “
The complaint “involves confidential and potentially privileged matters relating to the interests of other stakeholders within the Executive Branch,” a copy of the letter, obtained by CNN, says, adding that complying with the committee’s requests “will necessarily require appropriate consultations.”
In the letter, the Office of the Director of National Intelligence reveals that the complaint does not involve anyone in the intelligence community but rather “stakeholders within the Executive Branch.” As a result, its lawyer argues, the complaint is not of “urgent concern” to them.
According to Maguire’s office, he will not be appearing at today’s hearing. His office released a statement saying that he “is not available on such short notice.”
Schiff responded by saying, “The IC IG determined that the complaint is both credible and urgent, which is why the Committee must move quickly. The Committee’s position is clear — the Acting DNI can either provide the complaint as required under the law, or he will be required to come before the Committee to tell the public why he is not following the clear letter of the law, including whether the White House or the Attorney General are directing him to do so. He has yet to provide the complaint in response to the Committee’s subpoena, so I expect him to appear on Thursday, under subpoena if necessary.”
More from Politico:
Schiff ripped Maguire for breaching a law that requires him to share with Congress any whistleblower complaint deemed urgent by the intelligence community’s inspector general. He said the confluence of factors led him to believe the complaint involved Trump or other senior executive branch officials.
But DNI general counsel Jason Klitenic insisted in a letter to Schiff on Tuesday that Maguire had followed the letter of the law in blocking the transmission of the complaint to Congress. The whistleblower statute governing his agency, he said, only applies when the complaint involves a member of the intelligence community. Because it was aimed at a person outside the intelligence community, he said, the whistleblower statute does not apply to this scenario.
Under the statute, Klitenic stated, deeming a whistleblower complaint “urgent” is only valid when it applies to conduct by someone “within the responsibility and authority” of the DNI. Therefore, he said, after consulting with the Justice Department, he determined the complaint did not qualify as an “urgent” concern requiring transmittal to Congress.
This is where I speculate …. this could not be to try and distract from the criminal referrals of Comey and McCabe, could it be? Perhaps, to distract from declass? The FISA report … I smell desperation, but then again that could just be Schiff’s natural aura.