Sam Lowry said:
Booray said:
Oldbear83 said:
quash said:
Oldbear83 said:
quash said:
Oldbear83 said:
quash said:
Oldbear83 said:
quash said:
Oldbear83 said:
From the May 2018 form:
https://www.scribd.com/document/427771856/Icwpa-Form-401-24may18
"FIRST-HAND INFORMATION REQUIRED
In order to find an urgent concern "credible", the IC IG 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 the 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, the IC IG will not be able to process the complaint or information as an ICWPA."
So the rule itself very definitely was changed. The questions now are by whom, when, and for what reason?
I don't see a rule change. Are you saying the rule was not followed?
May 2018 the rules required first-hand knowledge. Late August 2019 they did not.
That's a big change.
No, the rules were the same, unless you can show me a document that is different in 2019. I have shown the form was changed. You have shown the 2018 rules required first hand info to reach "urgent concern".
The explanation is detailed and contradicts what Schiff has said.
That's a rule change, not a form change. "First hand information required", underlined, bold and all caps is not hard to understand.
Yes, I see the bolded part. In the form. Show me a rule change.
The part where "required" is no longer required.
Right, but the change is to the form, the rule has been the same.
Prove it. Show where the original rule allowed for second-hand information.
The form changed because the rule changed, anyone saying different is selling fiction.
The "rule" is the law. The law is:
The Intelligence Community Whistle blower statue directs the IG to:
receive and investigate ... complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety.
Nothing about the statue requires the complaint or information to be based on first-hand knowledge. There has been no amendment to the law.
The law is the law. The rule was an administrative rule; that's what changed.
My point being that administrative agencies cannot change the law by adding elements in the name of policy. The form created a requirement that is nowhere to be found in the law.
One of the most important fights conservative legal scholars and judges have fought over the last 25 years was to reduce the power of Washington bureaucrats by challenging administrative acts that expand or distort the law that congress passed. For the past three years we have heard non-stop about the "deep state" wielding power far beyond what our governmental system calls for.
In this instance we have an intelligence community created rule that varied the law congress passed. And when the agency changed the rule to comport with the law that congress passed, the "conservatives" go nuts because it hurts "their guy." That reaction is the exact opposite of the rule of law.
Add on to that what any sensible person already knows: the complaint that starts an investigation is not what acquits or convicts a person, it is the evidence that is gathered during the investigation. So what does it really matter if the whistle blower heard the phone call or had the phone call repeated to him.
All of which is proof positive that 99% of self-proclaimed conservatives have no idea what they are talking about.