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Trump’s communications with foreign leader are part of whistleblower complaint that spurred standoff between spy chief and Congress, former officials say
Shane Harris
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September 18 at 8:56 PM
The whistleblower complaint that has triggered a tense showdown between the U.S. intelligence community and Congress involves President Trump’s communications with a foreign leader, according to two former U.S. officials familiar with the matter.

Trump’s interaction with the foreign leader included a “promise” that was regarded as so troubling that it prompted an official in the U.S. intelligence community to file a formal whistleblower complaint with the inspector general for the intelligence community
, said the officials, speaking on the condition of anonymity because they were not authorized to discuss the matter publicly.

It was not immediately clear which foreign leader Trump was speaking with or what he pledged to deliver, but his direct involvement in the matter has not been previously disclosed.
It raises new questions about the president’s handling of sensitive information and may further strain his relationship with U.S. spy agencies. One former official said the communication was a phone call.

[Gap continues to widen between Trump and intelligence community on key issues]

The White House did not respond to requests for comment. The Office of the Director of National Intelligence and a lawyer representing the whistleblower declined to comment.

Intelligence Community Inspector General Michael Atkinson determined that the complaint was credible and troubling enough to be considered a matter of “urgent concern,” a legal threshold that requires notification of congressional oversight committees.

But acting director of national intelligence Joseph Maguire has refused to share details about Trump’s alleged transgression with lawmakers, touching off a legal and political dispute that has spilled into public and prompted speculation that the spy chief is improperly protecting the president.

The dispute is expected to escalate Thursday when Atkinson is scheduled to appear before the House Intelligence Committee in a classified session closed to the public. The hearing is the latest move by committee Chairman Adam B. Schiff (D-Calif.) to compel U.S. intelligence officials to disclose the full details of the whistleblower complaint to Congress.

Maguire has agreed to testify before the committee next week, according to a statement by Schiff. He declined to comment for this story.

The inspector general “determined that this complaint is both credible and urgent,” Schiff said in the statement released Wednesday evening. “The committee places the highest importance on the protection of whistleblowers and their complaints to Congress.”

The complaint was filed with Atkinson’s office on Aug. 12, a date on which Trump was at his golf resort in New Jersey. White House records indicate that Trump had had conversations or interactions with at least five foreign leaders in the preceding five weeks.

Among them was a call with Russian President Vladimir Putin that the White House initiated on July 31. Trump also received at least two letters from North Korean leader Kim Jong Un during the summer, describing them as “beautiful” messages. In June, Trump said publicly that he was opposed to certain CIA spying operations against North Korea. Referring to a Wall Street Journal report that the agency had recruited Kim’s half-brother, Trump said, “I would tell him that would not happen under my auspices.”

Trump met with other foreign leaders at the White House in July, including the prime minister of Pakistan, the prime minister of the Netherlands, and the emir of Qatar.

Trump’s handling of classified information has been a source of concern to U.S. intelligence officials since the outset of his presidency. In May 2017, Trump revealed classified information about espionage operations in Syria to senior Russian officials in the Oval Office, disclosures that prompted a scramble among White House officials to contain the potential damage.

Statements and letters exchanged between the offices of the DNI and the House Intelligence Committee in recent days have pointed at the White House without directly implicating the president.

Schiff has said he was told that the complaint concerned “conduct by someone outside of the Intelligence Community.” Jason Klitenic, the DNI general counsel, noted in a letter sent to congressional leaders on Tuesday that the activity at the root of the complaint “involves confidential and potentially privileged communications.”

The dispute has put Maguire, thrust into the DNI job in an acting capacity with the resignation of Daniel Coats last month, at the center of a politically perilous conflict with constitutional implications.

Schiff has demanded full disclosure of the whistleblower complaint. Maguire has defended his refusal by asserting that the subject of the complaint is beyond his jurisdiction.

Defenders of Maguire disputed that he is subverting legal requirements to protect Trump, saying that he is trapped in a legitimate legal predicament and that he has made his displeasure clear to officials at the Justice Department and White House.

After fielding the complaint on Aug. 12, Atkinson submitted it to Maguire two weeks later. By law, Maguire is required to transmit such complaints to Congress within seven days. But in this case, he refrained from doing so after turning for legal guidance to officials at the Justice Department.

In a sign of Atkinson’s discomfort with this situation, the inspector general informed the House and Senate intelligence committees of the existence of the whistleblower complaint — without revealing its substance — in early September.

Schiff responded with almost immediate indignation, firing off a letter demanding a copy of the complaint and warning that he was prepared to subpoena senior U.S. intelligence officials. The DNI has asserted that lawyers determined there was no notification requirement because the whistleblower complaint did not constitute an urgent concern that was “within the responsibility and authority” of Maguire’s office.

Legal experts said there are scenarios in which a president’s communications with a foreign leader could rise to the level of an “urgent concern” for the intelligence community, but they also noted that the president has broad authority to decide unilaterally when to classify or declassify information.

Revealing how the United States obtained sensitive information could “compromise intelligence means and methods and potentially the lives of sources,” said Joel Brenner, former inspector general for the National Security Agency.

It was unclear whether the whistleblower witnessed Trump’s communication with the foreign leader or learned of it through other means. Summaries of such conversations are often distributed among White House staff, although the administration imposed new limits on this practice after Trump’s disclosures to Russian officials were revealed.

Carol D. Leonnig and Julie Tate contributed to this report.
 
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Whistle-Blower’s Complaint Is Said to Involve Multiple Acts by Trump
The complaint goes beyond a commitment that President Trump was said to have made to a world leader.


‘It Can’t Wait,’ Schiff Says of Whistle-Blower’s Complaint Against Trump

By The Associated Press



After meeting with a watchdog for American spy agencies, Representative Adam Schiff, the chairman of the Intelligence Committee, told reporters that he still did not know the contents of the complaint or whether the White House has tried to suppress its contents.CreditCreditAnna Moneymaker/The New York Times

By Nicholas Fandos, Eileen Sullivan, Julian E. Barnes and Matthew Rosenberg

  • Sept. 19, 2019Updated 3:27 p.m. ET
WASHINGTON — A potentially explosive complaint by a whistle-blower in the intelligence community said to involve President Trump was related to a series of actions that goes beyond any single discussion with a foreign leader, according to interviews on Thursday.

The complaint was related to multiple acts, Michael Atkinson, the inspector general for American spy agencies, told lawmakers during a private briefing
, two officials familiar with it said. But he declined to discuss specifics, including whether the complaint involved the president, according to committee members.

Separately, a person familiar with the whistle-blower’s complaint said it involves in part a commitment that Mr. Trump made in a communication with another world leader.
The Washington Post first reported the nature of that discussion. But no single communication was at the root of the complaint, another person familiar with it said.

The complaint cleared an initial hurdle when Mr. Atkinson deemed it credible and began to pursue an investigation. But it has prompted a standoff between lawmakers and the acting director of national intelligence, Joseph Maguire, who has refused to turn it over to Congress, as is generally required by law. It has become the latest in a series of fights over information between the Democratic-led House and the White House.

Democrats emerged from Mr. Atkinson’s briefing and renewed their accusation that the Trump administration was orchestrating a cover-up of an urgent and legitimate whistle-blower complaint that could affect national security.

Representative Adam B. Schiff, Democrat of California and the chairman of the House Intelligence Committee, told reporters after the briefing that he still did not know the contents of the complaint and had been unable to get an answer to whether the White House was involved in suppressing it.

“I don’t think this is a problem of the law,” he said. “I think the law is written very clearly. I think the law is just fine. The problem lies elsewhere. And we’re determined to do everything we can to determine what this urgent concern is, to make sure that the national security is protected and to make sure that this whistle-blower is protected.”

Mr. Schiff said he would explore potential recourse with the House’s general counsel to try to force the release of the complaint, including potentially suing for it in court.

Few details of the whistle-blower complaint are known, including the identity of the world leader involved in the single known communication. And it is not obvious how an exchange between Mr. Trump and a foreign leader could meet the legal standards for a whistle-blower complaint that the inspector general would deem an “urgent concern.”

Under the law, the complaint has to concern the existence of an intelligence activity that violates the law, rules or regulations, or otherwise amounts to mismanagement, waste, abuse, or a danger to public safety. But a conversation between two foreign leaders is not itself an intelligence activity.

And while Mr. Trump may have discussed intelligence activities with the foreign leader, he enjoys broad power as president to declassify intelligence secrets, order the intelligence community to act and otherwise direct the conduct of foreign policy as he sees fit, legal experts said.

Mr. Trump regularly speaks with foreign leaders and often takes a freewheeling approach. Some current and former officials said that what an intelligence official took to be a troubling commitment could have been an innocuous comment. But there has long been concern among some in the intelligence agencies that the information they share with the president is being politicized.

Andrew P. Bakaj, a former C.I.A. and Pentagon official whose legal practice specializes in whistle-blower and security clearance issues, confirmed that he is representing the official who filed the complaint. Mr. Bakaj declined to identify his client or to comment.

Mr. Trump denied wrongdoing on Thursday, explaining that he would not “say something inappropriate” on calls where aides and intelligence officials from both sides routinely listen in.

....Knowing all of this, is anybody dumb enough to believe that I would say something inappropriate with a foreign leader while on such a potentially “heavily populated” call. I would only do what is right anyway, and only do good for the USA!

— Donald J. Trump (@realDonaldTrump) September 19, 2019
But Mr. Trump’s actions were startling enough to prompt the intelligence official to file a formal whistle-blower complaint on Aug. 12 to the inspector general for the intelligence agencies. Such a complaint is lodged through a formal process intended to protect the whistle-blower from retaliation.

Mr. Schiff has been locked in the standoff with Mr. Maguire over the complaint for nearly a week. He said Mr. Maguire told him that he had been instructed not to give the complaint to Congress, and that the complaint addressed privileged information — meaning the president or people close to him were involved.

Mr. Schiff has said that none of the previous directors of national intelligence, a position created in 2004, had ever refused to provide a whistle-blower complaint to Congress. The House Intelligence Committee issued a subpoena last week to compel Mr. Maguire to appear before the panel. He briefly refused but relented on Wednesday, and is now scheduled to appear before the committee in an open hearing next week.

Senator Mark Warner of Virginia, the top Democrat on the Senate intelligence panel, said on Thursday that he and the committee’s Republican chairman, Senator Richard Burr of North Carolina, also expected both the inspector general and acting director to brief them early next week and “clear this issue up.”

Mr. Maguire and Mr. Atkinson are at odds over how the complaint should be handled. Mr. Atkinson has indicated the matter should be investigated, and alerted the House and Senate Intelligence committees, while Mr. Maguire, the acting director of national intelligence, says the complaint does not fall within the agencies’ purview because it does not involve a member of the intelligence community — a network of 17 agencies that does not include the White House.

[Read a pair of letters from the Office of the Director of National Intelligence about the complaint.]

The inspector general of the intelligence community “determined that this complaint is both credible and urgent, and that it should be transmitted to Congress under the clear letter of the law,” Mr. Schiff, Democrat of California, said in a statement on Wednesday evening.

Senator Angus King, an independent who caucuses with the Democrats, said the law is “very clear” that the whistle-blower complaint must be handed over to Congress.

“The Inspector General determines what level of concern it is,” said Mr. King, a member of the Senate Intelligence Committee. “Once the determination is made,” he added, the director of national intelligence “has a ministerial responsibility to share that with Congress. It is not discretionary.”

“This is based upon the principle of separation of powers and Congress’s oversight responsibility,” Mr. King said.

Mr. Maguire was named the acting director in August, after the president had announced that the previous director of national intelligence, Dan Coats, would be stepping down. Mr. Trump had planned to nominate Representative John Ratcliffe, Republican of Texas, a Trump loyalist without an extensive background in intelligence. But the president dropped the plan after lawmakers from both parties raised concerns about Mr. Ratcliffe’s qualifications and possible exaggerations on his resume.

The reports about the whistle-blower complaint touched off speculation about what Mr. Trump said and to whom.

In the weeks before the complaint was filed, Mr. Trump spoke with President Vladimir V. Putin of Russia, Prime Minister Imran Khan of Pakistan and the prime minister of the Netherlands, Mark Rutte.

And current and former intelligence officials have expressed surprise that during his first few months as president, Mr. Trump shared classified information provided by an ally, Israel, with the Russian foreign minister.

Such disclosures are not illegal, but Mr. Trump flouted intelligence-sharing decorum by sharing an ally’s intelligence without express permission.

Mr. King expressed some doubt about how serious the underlying complaint might be.

“I am a little concerned it is being overblown,” Mr. King said. “On the other hand, it may be significant. But we won’t know that for a few days.”
 
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