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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: Urgent Concern Form Revised August 2019, Requirement for First-Hand Knowledge Eliminated
Source: [None]
URL Source: [None]
Published: Sep 27, 2019
Author: nolu chan
Post Date: 2019-09-27 19:46:58 by nolu chan
Keywords: None
Views: 3093
Comments: 26

Urgent Concern Form Revised August 2019, Requirement for First-Hand Knowledge Eliminated

nolu chan
27 September 2019

ICIC CPD - ICWPA Disclosure Form

DISCLOSURE OF URGENT CONCERN FORM

https://www.dni.gov/files/ICIG/Documents/Hotline/Urgent%20Concern%20Disclosure%20Form.pdf

Metadata:

xmp:ModifyDate: 2019-09-25T14:39:15-04:00
xmp:CreateDate: 2019-09-24T16:25-04:00
xmp:MetadataDate: 2019-09-25T14:39:15-04:00
xmp:CreatorTool: Acrobat PDFMaker 18 for Word

It appears that, few days ago, the form was changed to delete the requirement to have direct and personal knowledge of reported matter. The ICIG will now accept a report even if one "heard about it from others."

See Twitter thread of Stephen McIntyre:

https://twitter.com/ClimateAudit/status/1177580473566093312

The form of 24 May 2018 stated:

ICIG-ICWSP
Urgent Concern Disclosure Form
Page iii

FIRST-HAND INFORMATION REQUIRED

In order to find an urgent concern “credible," the ICIG must be in possession of reliable, first-hand information. The IC IG cannot transmit information via the ICWPA based on an employee's second-hand knowledge of wrongdoing. This includes information received from another person, such as when a fellow employee informs you that he/she witnessed some type of wrongdoing. (Anyone with first-hand knowledge of the allegations may file a disclosure in writing directly with IC IG.) Similarly, speculation about the existence of wrongdoing does not provide sufficient legal basis to meet the statutory requirements of the ICWPA. If you think that wrongdoing took place, but can provide nothing more than second-hand or unsubstantiated assertions, IC IG will not be able to process the complaint or information for submission as an ICWPA.

The form "Rev: August 2019", with a precise date unprovided, now states on page 2:

3. I know about the information I am disclosing here and:

[ ] I have direct and personal knowledge

[ ] I heard about it from others.

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Begin Trace Mode for Comment # 25.

#3. To: nolu chan (#0)

You might be interested in this.

RedState: BREAKING: Intel Community Secretly Changed the Whistle-Blower Rules to Allow the Trump-Ukraine Complaint Just Days Before It Was Filed

It's just one of RedState's bloggers so it may not mean much. I see that some people are starting to raise the idea that there never was such a disclosure form prior to this complaint.

Anyway, I saw it and thought of your thread here.

Tooconservative  posted on  2019-09-28   12:16:57 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Tooconservative (#3)

RedState: BREAKING: Intel Community Secretly Changed the Whistle-Blower Rules to Allow the Trump-Ukraine Complaint Just Days Before It Was Filed

I had not seen this specific article, but have seen some similar coverage. I cannot determine, without a specific rev date, if this was to allow the whistleleaker complaint, or a post-complaint CYA effort. If the Rev date was after the 12 August submission, it would not change the requirement on 12 August. The metadata creation date of the online form is 24 September 2019. The purported Rev date is just August 2019.

The published Complaint of August 12, 2019 is on plain paper. I have not seen any associated urgent concern disclosure form.

nolu chan  posted on  2019-09-28   16:26:05 ET  Reply   Untrace   Trace   Private Reply  


#5. To: nolu chan (#4)

It is interesting. You would think that they would be very careful if they actually tried to backdate the form revision. But then, no one thought that Dan Rather and his accomplice would simply forge GW Bush's military records from the typewriter era using modern proportional fonts in Microsoft Word and get caught red-handed doing it, ending Rather's career (except for his sad-ass little news show on that old HD channel). Most people aren't aware he's still alive, even at CBS.

I'm not sure how these things work with the feds. I assume they have some office that approves and issues forms. Also that they would have a committee that would oversee changes to forms and that at least one person in upper management would have to sign off on any changes. I don't think the feds just let anyone change their forms at the drop of a hat. There should be a committee and someone in management signing off on it.

I always thought Coates was a very weak choice for DNI, don't see why they chose him. The current Acting DNI is Joseph Maguire who took office as Acting Director on August 19, 2019.

So if the Deep State was going to sneak something into the pipeline to leak about, it would make sense to do it when Trump's top political appointee was cleaning out his desk. Funny it only took a month of Coates being gone and all of a sudden a major impeachment scandal surfaces via some new complaint form that for the first time allows hearsay accusations, something explicitly forbidden for decades.

Tooconservative  posted on  2019-09-28   20:32:08 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Tooconservative (#5)

I'm not sure how these things work with the feds.

I have some familiarity how form management works with federal government agencies. GSA controls for all government agencies, except when it is No Such Agency or Alphabet City.

The August 12 submission, as published, is not on any form.

nolu chan  posted on  2019-09-29   13:16:23 ET  Reply   Untrace   Trace   Private Reply  


#7. To: nolu chan (#6) (Edited)

The August 12 submission, as published, is not on any form.

But shouldn't there be a design committee behind form changes and some official signing off on it on a particular date and certifying the official form, using another form that responsible officials use to designate the official new form along with a filed original of the official document? What I knew of formal document creation involved input from the department, a committee making recommendations, and a responsible designated official making an official approval of the final form, after which the form went into general use and all obsolete forms were discarded/recycled. That's what we did at a big corporation I worked at and that was just for routine employee matters, not national security.

This is national security administration, not just Joe Blow going down to file some change of address form at the local post office. A lot of lawyers probably worked on this form. That is, if it is actually a legitimate form that passed the appropriate procedure under forms created for national security. These are not some ad hoc forms cranked out at a moment's notice.

It's impossible to imagine that DNI's legal advisers did not have input into the creation of a new document, one that contravened a decades-long policy against filing hearsay whistleblower complaints, such as this case. There should be a record of the DNI legal staff working on the form and vetting it, perhaps discussion of it among legal staff, a final approval (or disapproval) of the revised form.

What I'm saying is there should be a form design committee, a public official with final approval, and some records of the DNI legal staff involved in reviewing such a major revision to a form in use for decades unchanged.

Tooconservative  posted on  2019-09-29   14:56:05 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Tooconservative (#7)

What I knew of formal document creation involved input from the department, a committee making recommendations, and a responsible designated official making an official approval of the final form, after which the form went into general use and all obsolete forms were discarded/recycled.

For most of the Government there is this and other regulations.

https://www.gsa.gov/cdnstatic/Handbook09.pdf

STANDARD AND OPTIONAL FORMS

PROCEDURAL HANDBOOK

Forms Policy and Management Team
GSA Office of Governmentwide Policy
forms@gsa.gov
July 2009

nolu chan  posted on  2019-09-30   12:57:01 ET  Reply   Untrace   Trace   Private Reply  


#9. To: nolu chan (#8)

For most of the Government there is this and other regulations.

https://www.gsa.gov/cdnstatic/Handbook09.pdf

I think the forms and process are rather different at intel agencies than they are at Commerce, or Agriculture, or Education.

Some of the intel agency forms themselves are likely classified material. Because it is so useful to keep them confidential.

So I'm not prepared to believe that a whistleblower form at the DNI's office is exactly the same as whistleblower forms at routine civilian federal agencies.

Tooconservative  posted on  2019-09-30   16:46:22 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Tooconservative (#9)

So I'm not prepared to believe that a whistleblower form at the DNI's office is exactly the same as whistleblower forms at routine civilian federal agencies.

I'm fairly certain that they are not. I just heard on Fox News that the whistleblower used the appropriate 2018 form with the associated August 212 complaint and, therein, claimed first hand knowledge. And Trump had directed the keeping of all forms, a timeline of the changes, and who signed off on the change.

nolu chan  posted on  2019-09-30   18:24:57 ET  Reply   Untrace   Trace   Private Reply  


#11. To: nolu chan (#10) (Edited)

I'm fairly certain that they are not. I just heard on Fox News that the whistleblower used the appropriate 2018 form with the associated August 212 complaint and, therein, claimed first hand knowledge. And Trump had directed the keeping of all forms, a timeline of the changes, and who signed off on the change.

So do you now disbelieve that the forms were unchanged entirely at the DNI office and at the various intel agencies?

Are you suggesting that only the forms used at intelligence agencies allow for hearsay accusations to be made?

Something is starting to sound inconsistent about what you have been relating about the new hearsay allowance of whistleblower allegations that are now supposedly in effect at the DNI office or at the intel agencies.

I wouldn't accept everything heard on FNC as gospel either. Baier hosts NeverTrumpers (including his best college buddy is NeverTrumper Steve Hayes). And you have NeverTrumper Sheppy Smith who is gaying it up almost daily with Judge Napolitano. I'm getting more and more the impression that FNC's opinion shows are more trustworthy for hard news info than is FNC's daytime news division with Shep Smith and Bret Baier.

Who on FNC was reporting the use of the 2018 form along with the revised August complaint and did they report this on FNC or did you surmise this for yourself? Who stated directly (and on which show) that the whistleblower had firsthand knowledge and not a hearsay accusation?

Why can't I find any other news source confirming what you are alleging was reported at FNC about the whistleblower and firsthand allegations. I'm getting nothing from a handful of the usual rather busy news sites. Nada. Is only FNC reporting this?

Tooconservative  posted on  2019-09-30   18:57:09 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Tooconservative (#11)

Who stated directly (and on which show) that the whistleblower had firsthand knowledge and not a hearsay accusation?

The ICIG in a new report which was in the reporter's hand.

Why can't I find any other news source confirming what you are alleging was reported at FNC about the whistleblower and firsthand allegations.

Because you have not yet achieved Jedi mastery over the google. :-)

nolu chan  posted on  2019-09-30   22:18:09 ET  Reply   Untrace   Trace   Private Reply  


#16. To: nolu chan (#14)

I see now that there is a DNI news release.

https://www.dni.gov/files/ICIG/Documents/News/ICIG%20News/2019/September%2030%20-%20Statement%20on%20Processing%20of%20Whistleblower%20Complaints/ICIG%20Statement%20on%20Processing%20of%20Whistleblower%20Complaints.pdf

I see that they are retards about white space in file names. Some people just never learn.

I found the link in an article at HotAir: Lindsey Graham: “We’re not going to try the president of the United States based on hearsay”

Tooconservative  posted on  2019-10-01   0:36:11 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Tooconservative (#16)

I see now that there is a DNI news release.

It was on Lou Dobbs on Fox Business channel last night. The first few minutes before that are worth watching.

At 2:54 Andrew McCarthy comments on the statute.

Catherine Herridge talked about the ICIG report in her hand that had just been received at the 3:13 mark.

https://www.youtube.com/watch?v=JVKTLR9F-UQ

nolu chan  posted on  2019-10-01   12:09:27 ET  Reply   Untrace   Trace   Private Reply  


#18. To: nolu chan (#17)

Well, it turns out that this business of suddenly allowing secondhand reporting by whistleblowers was itself kinda overblown.

I'm more interested in who Barr is meeting with in Italy right now. He's been there for several days already on official business.

Italy is where Misfud is located. And Barr is still hot to expose the FISA court warrant abuses against Papadopoulos.

TheConservativeTreehouse: Attorney General Bill Barr Visits Italy on “Official Business”? – Remember That Audio-Tape Deposition by Joseph Mifsud?…

I'd post a thread but any meaty details about the trip are not being reported, at least not yet. It's a story to watch. Barr isn't afraid to take action even if the Slimes and WaPo sniff in disapproval. Too bad the Court's weak sister, John Roberts, never learned to do the same.

Tooconservative  posted on  2019-10-01   12:36:19 ET  Reply   Untrace   Trace   Private Reply  


#19. To: Tooconservative (#18)

I'm more interested in who Barr is meeting with in Italy right now. He's been there for several days already on official business.

Italy is where Misfud is located.

And Italy is where Secretary of State Pompeo has gone.

Mifsud is Maltese and could be located there, near Sicily. Dunno where they might meet, but flying in to Malta would be a bit obvious.

nolu chan  posted on  2019-10-01   14:21:12 ET  Reply   Untrace   Trace   Private Reply  


#20. To: nolu chan (#19)

Mifsud has been in hiding. His exact location is unknown. He is right to fear for his life. Meeting with the AG and giving unknown info (to the Dems) to the AG actually helps Mifsud have the confidence that he won't get rubbed out on any given day.

When the Senate holds hearings and Mifsud shows up to testify, Barr's efforts will pay off. Similarly if Barr indicts and prosecutes the Brennan Clown Posse to attempt to flip them against Obama and the Xlinton crime family. Well, okay, that probably won't happen but I can dream...

Tooconservative  posted on  2019-10-01   14:48:23 ET  Reply   Untrace   Trace   Private Reply  


#21. To: Tooconservative (#20)

https://twitter.com/ByronYork/status/1179085352285413376

Byron York
Verified account @ByronYork

The Intelligence Community Inspector General's explanation of its whistleblower form is a confusing, ass-covering mess.

1/12 http://ow.ly/FoOA50wyu7S 10:27 AM - 1 Oct 2019

ICIG says Trump-Russia whistleblower complaint was 'processed and reviewed...in accordance with the law.' Fine. Issue addressed in ICIG explanation is what policy on first- versus second-hand information was at the time. 2/12

ICIG says it gave whistleblower a procedures form saying in order to find urgent concern 'credible,' complainant must have 'reliable, first-hand information.' Without that, ICIG 'will not be able to process the complaint.' 3/12

But ICIG then notes 'there is no [first-hand information] requirement set forth in the statute.' Further: 'In fact, by law the complainant...need not possess first-hand information' in order to file complaint. 4/12

That means ICIG procedures form, the one handed to whistleblower, was wrong on question of first- versus second-hand information. 5/12

What gives? ICIG says procedures form was in effect since 5/24/18, before ICIG Atkinson took office 5/29/18. Translation: Don't look at me -- it was before my time! 6/12

ICIG also notes whistleblower claimed he had both second-hand *and* first-hand information. So ICIG did *not* find that whistleblower could 'provide nothing more than second-hand or unsubstantiated assertions.' 7/12

Not clear what first-hand information in whistleblower complaint is. Key accusations concerning Trump-Zelensky call and alleged WH coverup afterward are entirely second-hand. 8/12

So what about procedures form? ICIG says new person was hired to run Center for Protected Disclosures, was working on updating forms. Then Trump-Ukraine brouhaha erupted, and ICIG saw something was amiss... 9/12

ICIG says amid controversy, he 'understood that certain language in those forms...could be read--incorrectly--as suggesting that whistleblowers must possess first-hand information.' Of course, that's exactly what the form said. 10/12

So ICIG's office developed new forms. 'Consistent with the law, the new forms do not require whistleblowers to possess first-hand information,' ICIG says. And that looked like after-the-fact justification of whistleblower handling. 11/12

In summary, ICIG seems be saying: Whistleblower was given form with incorrect information. Not my fault! Then, after Trump-Ukraine exploded, we changed form to match law. Yes, looked fishy, but all OK. 12/12 End.

nolu chan  posted on  2019-10-01   20:05:34 ET  Reply   Untrace   Trace   Private Reply  


#22. To: nolu chan (#21)

The Intelligence Community Inspector General's explanation of its whistleblower form is a confusing, ass-covering mess.

It does all seem like amateur hour, doesn't it? And I'm not sure we can really lay any blame at Trump's door for his constant hiring/firing patterns since I don't think those reached the IC's Inspector General. And the changeover to an acting DNI from Coates' departure doesn't seem to me to affect the ICIG at all. At least it shouldn't. The IG's are pretty independent by congressional design and authority, especially when dealing with whistleblowers. They proudly brag about how Congress has protected whistleblowers since the 1790s so they should be able to do the whistleblower part of the job properly even if they are new to the job or if their boss - the DNI in this case - resigns and an acting head is running the rest of the department.

Most of these people are bureaucratic appointees promoted from within the department. The current one is too inexperienced or just too incompetent to put out a proper story to defend his actions. He's actually made things worse by all the bad reporting that pretty much leads back to him. He's kind of a blabbermouth for an inspector general who should know to keep his mouth shut and control his messaging to the public very very carefully.

Tooconservative  posted on  2019-10-01   22:51:29 ET  Reply   Untrace   Trace   Private Reply  


#23. To: Tooconservative (#22)

The current one is too inexperienced or just too incompetent to put out a proper story to defend his actions.

Nah, he is thoroughly competent but his actions have been professionally inexplicable from a legal viewpoint. Finding that asserted "urgent concern" applied to the President, even after it was explained in excruciating detail why it did not, did not result from incompetence. He gets his marching orders and carries them out. Better to look incompetent than the alternative. This incompetence is like Comey incompetence investigating Hillary.

nolu chan  posted on  2019-10-01   23:22:13 ET  Reply   Untrace   Trace   Private Reply  


#25. To: nolu chan (#23) (Edited)

Finding that asserted "urgent concern" applied to the President, even after it was explained in excruciating detail why it did not, did not result from incompetence. He gets his marching orders and carries them out.

They are supposed to be fiercely independent on whistleblowers. Congress has written pretty explicit laws and they apply across all federal agencies, even the IC.

The moment it becomes a whistleblower case, the IG is off his leash with his superior. Which is why they almost cannot get fired over a whistleblower case. The whistleblower is protected by law, the IG is too.

Tooconservative  posted on  2019-10-01   23:37:24 ET  Reply   Untrace   Trace   Private Reply  


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