Booray said:Sam Lowry said:I'm not up on the secret server aspect, but executive privilege doesn't just apply to the public. It applies to the other branches of government as well. And it's emphatically not limited to national security concerns. It's about promoting candor and shielding the executive from undue concern for appearances.Booray said:Sam Lowry said:It may be why they tried to hide the transcript. It may also be that they saw the material as privileged for legitimate reasons. In the end they did release it, which is more than Trump's predecessors would likely have done. And they released the complaint at the behest of a Republican Senate.Booray said:Doc Holliday said:What happened has been proven with the declassification of the actual transcript. The transcript proves the whistleblower wrong. The burden is on the whistleblower who has already lied.Booray said:First, I did not agree or disagree with you.Doc Holliday said:Oh bull*****Booray said:There are millions of government forms. Thousands of them have mistakes. Because...Humans.Doc Holliday said:Then why was it on the form prior to August?Booray said:Yes. You apparently missed the point. The previous form requiring first-hand knowledge was a form, not a law. As already explained in detail and with reference to the clear statutory language the previous form imposed a requirement that the law does not impose.Doc Holliday said:A previous version of the whistleblower complaint document, which the ICIG and DNI until recently provided to potential whistleblowers, declared that any complaint must contain only first-hand knowledge of alleged wrongdoing and that complaints that provide only hearsay, rumor, or gossip would be rejected.Booray said:The changed form implements clear statutory language as explained above. I thought you were a fan of applying the law as written?Doc Holliday said:Oh that's right. they just changed the law in AUGUST!Booray said:You may be the only person who thinks that. The Intelligence Community Whistle blower statue directs the IG to:Doc Holliday said:
Am I the only person here who understands that this is not a whistleblower?
He cannot legally be viewed as whistleblower--& does not have protection under whistleblower laws--b/c he was not eyewitness to any corruption or fraud & has no firsthand info. His complaint is based on 2nd- & 3rd-hand information
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.
The rules for becoming a "Whistleblower" were changed to permit second-hand gossip in august 2019. The "Whistleblower," with his second-hand gossip, filed the complaint in august 2019.
https://thefederalist.com/2019/09/27/intel-community-secretly-gutted-requirement-of-first-hand-whistleblower-knowledge/
Also, DJT has been president for almost three years. "They: (as in "they changed the law" (sic-they didn't change the law, they changed the form)) is him.
"The [Intelligence Community Inspector General] cannot transmit information via the ICPWA based on an employee's second-hand knowledge of wrongdoing," the previous form stated under the bolded heading "FIRST-HAND INFORMATION REQUIRED." "This includes information received from another person, such as when an employee informs you that he/she witnessed some type of wrongdoing."
They did this in August. Perfect timing.
Should we apply the law as written or should we allow the intelligence community to make up its own laws?
What does it matter? POTUS has already confirmed about 75% of what is in the complaint. The dispute here doesn't get resolved by whether the whistle blower heard the phone call first hand or was told about it; the dispute is about POTUS' intentions in making the statements on the call.
There has never been a WB form submitted with 2nd and 3rd hand info. Ever.
This is the first.
Second, there is no way you or I can know that.
Third, I imagine plenty of forms have a mixture of types of information.
Fourth, the line drawing exercise is difficult. For example, WB reads a document that contains damning information. The document is technically hearsay. Does WB have direct knowledge.
Fifth, you are avoiding the question. Why does it matter to you whether the WB had direct or second-hand info? If investigated that info will turn out to be accurate, inaccurate or a mix. Eyewitnesses testify incorrectly everyday in Court. hearsay turns out to be true all the time,. Isn't what actually happened, rather than the provenance of the original report, what matters?
People get convicted of extortion all the time without making explicit demands.
Seeing this episode as a "shakedown" is reasonable based on what we already know, which is why the White House tried to hide the transcript.
If Trump is covering up, he's not very experienced at it.
I would have understood not releasing the transcript to the public; I think it sets Ana's precedent. But transferring it to the super-duper secret server has nothing to do with national security and everyone knows it.
It was the server storage I was talking about when I said the White House his the document. The White House has confirmed that they shifted the transcript storage from where conversations of this type are normally stored to a server that generally holds only "code word" documents, meaning the type of document that can reveal assets and strategies.
There is no reason for this document or apparently several like it to be on the code word server. Other than the fact that their discovery would cause political damage to POTUS. Simply put, the adults in the room knew POTUS had screwed up and they tried to hide it. By misusing important government resources.
While the residents of this particular fantasyland turn mental gymnastics to deflect, minimize and rationalize POTUS mistake, his own people know he screwed the pooch here.
I will give him thisI doubt POTUS had anything to do with the server placement. He is sincere when he looks at the transcript and says he sees a perfect phone call. He believed with his whole heart that anything he does is perfect. Thus, the difference between Trump and Nixon, Clinton, Johnson and several other crooks who have held the office is that Trump doesn't even understand that he is on the wrong side of the law.
They switched servers because details of 2 conversations, one with Australia's leader and one with Mexico's leader, had been leaked. Those communications are privileged, go toward open communication between leaders, and may contain info about assets and strategies. Switching servers limits leaks due to fewer people having access.