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Steve Vladeck
@steve_vladeck
, 3 tweets, 2 min read Read on Twitter
This #thread from @K8brannen is _deeply_ alarming. Under 50 U.S.C. § 3033(k)(5)(C), the Acting DNI is _required_ to transmit details on such "urgent complaints" to the congressional intelligence committees w/in 7 days. Acting DNI Maguire hasn't done so, and hasn't explained why.
@K8brannen Schiff: "So far as the Committee is aware, this marks the first time a Director of National Intelligence has ever sought to overrule the IC IG and conceal from Congress a whistleblower complaint—in this case, one the IC IG has already determined to be a credible urgent concern."
@K8brannen "The Committee can only conclude, based on this remarkable confluence of factors, that the serious misconduct at issue involves the President of the United States and/or other senior White House or Administration officials."

intelligence.house.gov/uploadedfiles/…

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Steve Vladeck
@steve_vladeck
The Office of Legal Counsel’s formal explanation for why (Acting) DNI Maguire didn’t (and doesn’t) have a statutory obligation to forward the whistleblower complaint to the congressional intelligence committees is remarkably thin.

justice.gov/olc/file/12045…

A mini-#thread on why:
In a nutshell, OLC’s argument is that, on the merits, the underlying complaint doesn’t satisfy the substantive criteria for an “urgent concern” under the statute.

The problem is that the statute expressly leaves that call to the Inspector General, and not the (Acting) DNI:
Once the IG finds that the report is credible (whether he is right or wrong), the statute imposes a mandatory obligation on the (Acting) DNI to transmit the report and the IG’s findings to the congressional intelligence committees. This language is not remotely ambiguous:
Read 6 tweets
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Steve Vladeck
@steve_vladeck
.@jacklgoldsmith's thread is making this issue seem too abstract. It's much more concrete: Federal law imposes a mandatory reporting obligation on the (Acting) DNI.

If the Executive Branch has a constitutional privilege claim, it should assert it. Otherwise, it should comply.
The two letters from the ODNI GC that have been made public vaguely refer to potential privileges, but neither invokes a constitutional privilege as the reason why the (Acting) DNI has not complied with 50 U.S.C. § 3033(k)(5)(C). Until/unless that happens, this shouldn't be hard.
To be sure, Jack and I likely disagree on the contours and applicability of the privileges that might potentially come into play.

My point is more modest:

This isn't (yet) a conflict between a clear statute and a claimed privilege; it's just the (Acting) DNI ignoring the law.
Read 4 tweets
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Steve Vladeck
@steve_vladeck
One more time, this is the same Justice Department that _insisted_ to #SCOTUS, on at least five occasions, that there was no way to push final resolution of this dispute past June 30—and used that claim as its sole basis for seeking and receiving expedited review from the Court.
It doesn't matter what new rationale the government comes up with. _Any_ new rationale that would allow the question to asked would prove that the Solicitor General repeatedly lied to #SCOTUS—and used that lie to generate a false sense of urgency and to prejudice the challengers.
Here's @hansilowang with the five examples of such representations:

Read 5 tweets

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