Thread by @MarkSZaidEsq

1/THREAD ON CONGRESSIONAL INVESTIGATION INTO FBI WHISTLEBLOWER ALLEGATIONS

Both DEMS & media need to stop describing individuals as "alleged", "self-styled" or other challenging term re: #whistleblower status.

They meet definition of being #WBer.

cnn.com/2023/05/18/pol…

2/If individuals made protected disclosure to supervisor in employee’s direct chain of command, an OIG or appropriate congressional committee or its members, they are protected #whistleblowers.

Doesn't mean they are credible or accurate, but attacking status undermines system.

3/I served as co-counsel to IC #whistleblowers whose complaint led to Trump's 1st impeachment (not our objective). Cong. Jordan was hypocritically a key attacker of WBer's lawful & legitimate status. It was wrong then, it is wrong now.

rollcall.com/2019/11/19/rep…

4/Candidly, I have rep'd #whistleblowers w/good faith reasonable beliefs of wrongdoing & allegations turned out to be incorrect. It happens, often actually. But they properly followed system & that's fine.

Just as it is fine to challenge the substantive context of WBer claims.

5/I have been watching today's hearing. It is disturbing on many levels. I clearly see evidence of politicization, but it is primarily originating w/GOP Members pushing ideological goals & attacks on FBI (which absolutely deserves legitimate oversight).

https://twitter.com/DailyCaller/status/1659220861235150850?s=20

6/Whether agencies retaliate against #whistleblowers by revoking #securityclearances is real issue. I would love Congress to actually conduct non-partisan oversight of problem.

Such retaliation is prohibited incl through PPD-19 & ICD 120.

But it is not that simple.

7/Being #whistleblower does not guarantee shield of immunity for all actions. If there are other legitimate reasons to revoke #securityclearance, it is lawfully permitted.

Let's look at these former FBI agents based on public reporting.

8/According to FBI, #MarcusAllen's clearance was revoked after Bureau found he sent e-mail to colleagues that they should “exercise extreme caution and discretion in pursuit of any investigative inquiries or leads pertaining to the events of” #January6.

nytimes.com/2023/05/17/us/…

9/Allen also sent email linking to website stating “federal law enforcement had some degree of infiltration among the crowds gathered at the Capitol,” & he commented that this raised “serious concerns” about U.S. govt’s participation in riot.

nytimes.com/2023/05/17/us/…

10/#StephenFriend refused to take part in SWAT arrest of #Jan6th suspect who was facing misdemeanor charges. Friend believed this represented excessive use of force. Suspect was member of right-wing militia group who apparently had weapon at Capitol.

nytimes.com/2023/05/17/us/…

11/#BrettGloss was w/pro-Trump mob on #Jan6th & entered restricted area of Capitol grounds in violation of federal law. FBI claims he provided “false and/or misleading information” abt his actions that day contrary to photographic evidence.

nytimes.com/2023/05/17/us/…

12/These individuals should be heard & #whistleblower concerns assessed. Their motives & bias are factors to consider but not directly relevant to substance of allegations which stand independently.

But based on public info, their actions raise serious national security concerns

13/Guideline A (allegiance to US) of Adjudicative Guidelines governs these concerns. Before #January6th we rarely saw these types of cases. But now they are real.

Undebatable that day was insurrectionist riot to thwart lawful democratic process.

dni.gov/files/NCSC/doc…

14/Guideline A is clear in description of concerns:

"An individual who engages in acts against the United States or provides support or encouragement to those who do has already demonstrated willingness to compromise national security."

15/Evidence of "association or sympathy with persons who are attempting to commit, or who are committing" sedition or use force to "overthrow or influence the U.S. Government" is grounds for revocation of #securityclearance.

You tell me whether facts evidence legit concerns.

16/My colleague @dcolapinto, who for decades has rep'd #whistleblowers incl at #FBI, is spot on w/his comments.

When legit oversight of FBI #securityclearance process starts, let me know & I will provide evidence of problems that need to be addressed.

https://twitter.com/dcolapinto/status/1659182497802928130?s=20

17/I recently reversed FBI clearance denial after 7 years bc it alleged foreign influence yet not one foreigner was involved. Total guilt by association.

In fact, FBI usually requires attorneys to execute non-disclosure agreement that - illegally - prohibit contact w/Congress.

18/I am so tired of partisan hypocrisy by Members of Congress challenging #whistleblower status. Was wrong in 2019 when GOP did it. Wrong when DEM is doing it now.

We need bi-partisan support for #WBers & adequate protection. @wbaidlaw

mediaite.com/tv/these-are-n…