Acting DNI Joe Maguire is testifying before Congress about the whistleblower complaint. Our coverage, here, will be updated as the hearing proceeds. washingtonpost.com/national-secur…
So far: Maguire, who seems to feel caught in the middle of Congress/WH, describes himself as essentially powerless to give the complaint to Congress, because it might be covered by executive privilege. Says he sought WH and DOJ guidance on that.
Schiff, the committee chairman, is grilling Maguire on why he'd seek guidance from the WH when the president is the subject of the complaint. Maguire continues to emphasize the complaint involved possibly privileged communications--that July 25 phone call with Trump/Zelensky.
Nunes, the ranking member, is spending most of his time asking Maguire how the details of the complaint "leaked" into the press. Maguire says he doesn't know. Nunes also complains other conversations Trump has had w/ foreign leaders have leaked. (That was before Maguire's time.)
At one point, Nunes suggested that when the president talks to a foreign leader the conversation is captured by the intel community. Maguire stops him there, and says that's not the case. But says that those conversations are memorialized by WH and shared within the IC.
Significant: Maguire says the White House didn't direct him not to share the complaint with Congress. He was working through the privilege issues, but no one ever said, "Don't share this."
Maguire says he does not know the identity of the whistleblower.
It's taking a lot of back and forth to get down to the nut of it, but it seems to be this: The IC IG found the complaint was an "urgent concern" and credible. Maguire thought it would be "prudent" to get a second opinion bc the subject of the complaint is the president.
Thus begins Maguire's journey. Goes to WH lawyers, DOJ. People agree yes privilege may apply to this complaint bc it involves the president's phone call w/ a foreign leader. BUT, Maguire says, the WH and DOJ never told him not to share the complaint with Congress.
But then DOJ (OLC) determines that the complaint doesn't meet the legal definition of "urgent concern." So now, as Maguire sees it, the law's requirement to turn over a matter of "urgent concern" isn't in play.
"At no time," Maguire says, did he intend to withhold the complaint from Congress. He spent his time trying to work through the executive privilege issues, the "unique" nature of the complaint about a president. The IC IG eventually tells Congress a complaint was filed.
This closing by Schiff. Clearly Maguire isn’t going to answer these questions. This is now an impeachment hearing. Schiff Laying out the evidence.
