Deputy Director of the National Intelligence Service holds back a secret complaint from the House Intelligence Service because it is someone else's behavior outside espionage agencies and fails to comply with the legal obligation to disclose to Congress under letters received from NBC News  With that, the incumbent DNI allows Joseph Maguire to override the independent intelligence watchdog who believes the complaint should be reversed. On Friday night, the ship dramatically went public and announced that he was issued a summons to prosecute a whistleblower charge he had illegally detained to protect President Donald Trump. On Tuesday, Schiff said that Maguire had refused to comply with the summons.
"The incumbent DNI may either file the legal complaint or appear before the committee to explain to the public why this is not the case. After the clear written letter of the law, including the White House or Attorney General to do this, "Schiff said in a statement on Tuesday night. "He has yet to file the complaint in response to the subpoena of the committee, so I expect it to appear under subpoena on Thursday, if necessary."
Current and former intelligence officials told NBC News that they were surprised by Schiff's public escalation and his proposal to act on Trump's behest with malicious intent. Ship has refused to say if he knows the nature of the complaint.
A committee worker who refused to be named said ship had gone public because he wanted to send a message that "Under no circumstances can any reprisal be brought against him by this whistleblower. "
Sen. Mark Warner of Virginia, the highest-ranking Democrat in the Intelligence Committee, has also been briefed on the whistleblower complaint, but has not said anything publicly.
Maguire is a decorated retired Navy SEAL who was intercepted by Trump and confirmed by the Senate to the head of the National Counter-Terrorism Center before becoming a DNI. He was "disappointed" that Schiff requested "the production of sensitive and potentially privileged materials in less than two business days," his lawyer said in a letter to Schiff.
In a letter dated September 13, Klitenic presented the DNI's rationale for holding back the whistleblower complaint.
The letter acknowledged that the Inspector General of Intelligence, Michael Atkinson, considered the complaint "an urgent concern" within the meaning of the Federal Law on the Protection of Whistleblowers of the Secret Services. Under these circumstances, the law requires that the complaint be forwarded to Congressional intelligence committees.
When Atkinson sent the complaint to the DNI for review, the DNI officials said it was against it. They did not believe that the complaint complied with the definition of the law because it was "behavior of someone outside the intelligence community and did not refer to a 'secret service in the responsibility and authority of the DNI." 19659002] In his letter to Maguire, who accompanied the summons, called ship "a radical distortion of stature that completely undermines the letter and spirit of the law."
His staff believed this was the first time the DNI had attempted to override the Inspector General and Encouraged Congress to Withhold a Whistleblower Complaint
Klitenic then cited a 2010 Obama Administration statement: "If this Bill were read to give Intelligence Community staff unilateral discretion in passing classified information to Congress, this would be unconstitutional.
He also cited a signing by President Bill Clinton, whose signing enacted the law that the statute would not be a restriction on the president's ability to keep classified information out of Congress.
He added: "The information in the present complaint … is different in nature from those in earlier cases of which we are aware. The present complaint does not allege misconduct within the intelligence community and does not concern intelligence activity subject to the authority of the DNI. As the complaint concerns confidential and possibly privileged communications from persons outside the intelligence community, the DNI does not have the unilateral power to forward such documents to the intelligence committees. Therefore, the DNI has decided not to forward this confidential information to the intelligence committees. "