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herding cats

(19,564 posts)
Thu Sep 19, 2019, 12:34 PM Sep 2019

In regards to Michael Atkinson not revealing the contents of the complaint today.

He's bound by law not to, it wasn't his choice. The whistleblower complaint must be submitted before capital hill by the DNI (or in this case acting DNI) before it can be revealed to congress. Joseph McGuire Has not done so and is so far refusing to submit the complaint.

Joseph McGuire the acting DNI is still the one stonewalling this moving forward. Which is apparently an illegal act, but he's doing so anyway.

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In regards to Michael Atkinson not revealing the contents of the complaint today. (Original Post) herding cats Sep 2019 OP
And when did Cover-up boy sign on? GusBob Sep 2019 #1
That's correct on all counts. herding cats Sep 2019 #2
For our nation. A black eye. ffr Sep 2019 #25
Time for whistleblower to deliver copy to House committee. Sneederbunk Sep 2019 #3
That breaks the law and removes their legal protections. herding cats Sep 2019 #4
Yes. :) I'm remembering that after W announced we were Hortensis Sep 2019 #6
This one is going to be a battle, but I expect it won't take that long. herding cats Sep 2019 #9
Yes. Plus, court decisions we're waiting on Hortensis Sep 2019 #10
I suspect if The whistleblower is a patriot ... GeorgeGist Sep 2019 #5
Per the ICWPA they can only do so after the DNI dismisses the claim. herding cats Sep 2019 #7
What if McGuire just sits on it? shanti Sep 2019 #8
That's what he did originally. herding cats Sep 2019 #12
Jail him (McGuire). It's time to start upholding the law. LonePirate Sep 2019 #11
That actually might be a possible outcome. herding cats Sep 2019 #13
serious question. isn't detaining someone an executive function? stopdiggin Sep 2019 #14
Short version - Congress can cite him for contempt and go to court for enforcement StarfishSaver Sep 2019 #15
thanks stopdiggin Sep 2019 #17
Question: bluestarone Sep 2019 #19
They can try, but it's not as simple as some people think StarfishSaver Sep 2019 #26
Makes sense TY bluestarone Sep 2019 #30
... StarfishSaver Sep 2019 #35
This is what I'm hoping for here. herding cats Sep 2019 #37
Yes. Especially if the theatrics don't get us any closer to getting the info we need StarfishSaver Sep 2019 #40
Theatrics feed emotions and can fire up a base herding cats Sep 2019 #44
You are so right! StarfishSaver Sep 2019 #46
+1 uponit7771 Sep 2019 #54
They can also use "inherent contempt" and imprison and/or fine him. triron Sep 2019 #20
Who will they arrest and how will they do it? StarfishSaver Sep 2019 #21
It was used before. I assume it can be done. Otherwise it wouldn't have been. triron Sep 2019 #29
It was last done about 90 years ago. It so easy now StarfishSaver Sep 2019 #32
Only if it can be expedited. It would be interesting to know why it was usedd before. triron Sep 2019 #48
Can a Congressional Committee ever go straight to the Supreme Court, Mike 03 Sep 2019 #16
No. StarfishSaver Sep 2019 #18
Thank you! Much appreciated. Mike 03 Sep 2019 #31
Could this be a way to get at Barr? A copy of the complaint was given to Barr. If Schiff demands in2herbs Sep 2019 #22
Congress can't charge him with a crime, but if they get a court to order him to produce it StarfishSaver Sep 2019 #27
Exactly. herding cats Sep 2019 #36
Yes. It's the smarter move StarfishSaver Sep 2019 #38
It is a real shame we have no Enforcement agency in the Federal Government ... or... NotHardly Sep 2019 #23
They'll just assert more executive privilege bucolic_frolic Sep 2019 #24
LOCK HIS ASS................................Contempt is still fucking Contempt...................... turbinetree Sep 2019 #28
Who, IC IG Michael Atkinson? herding cats Sep 2019 #34
Atkinson is the good guy here. StarfishSaver Sep 2019 #39
Yes, he definitely is. herding cats Sep 2019 #41
I'm glad you're trying to explain StarfishSaver Sep 2019 #43
Here let me clarify my rant.................................and defend my self turbinetree Sep 2019 #55
This is DC we're talking about ... sal2019 Sep 2019 #33
Where's Ellsberg when you need him? Pepsidog Sep 2019 #42
Ought not there be a "back door" or some way to bypass all this rigamarole and red tape? NurseJackie Sep 2019 #45
I agree there should. herding cats Sep 2019 #47
The whistle blower saidsimplesimon Sep 2019 #50
Most definitely. herding cats Sep 2019 #51
I know. It's sad... frustrating and disturbing. NurseJackie Sep 2019 #52
I doubt that anybody the people calling for him/her to come forward StarfishSaver Sep 2019 #53
Boy, if the law is ever invoked and Trumpees who illegally protect Trump are imprisoned... Kablooie Sep 2019 #49

GusBob

(7,286 posts)
1. And when did Cover-up boy sign on?
Thu Sep 19, 2019, 12:40 PM
Sep 2019

After Coats and Gorden left, correct?

He is up to his eyeballs in this treason

herding cats

(19,564 posts)
2. That's correct on all counts.
Thu Sep 19, 2019, 12:42 PM
Sep 2019

This is the very tip of what is looking like another ugly episode in this administration.

herding cats

(19,564 posts)
4. That breaks the law and removes their legal protections.
Thu Sep 19, 2019, 12:49 PM
Sep 2019

We don't want the person doing the right thing to suffer.

Joseph McGuire is the first person we need to go after here and then follow the trail up.

Hortensis

(58,785 posts)
6. Yes. :) I'm remembering that after W announced we were
Thu Sep 19, 2019, 12:55 PM
Sep 2019

invading Iraq it took a full year to actually do so. Don't know what made me think of that. Tired of the two-year Watergate comparison, I guess.

Whatever. Subtracting a nearly month's government shutdown before we could get to work, Dems have had the house 8-1/2 months now and the senate 0.

herding cats

(19,564 posts)
9. This one is going to be a battle, but I expect it won't take that long.
Thu Sep 19, 2019, 01:06 PM
Sep 2019

There's a lot of holes in the ICWPA in a case of a hostile DNI, but I don't think they can block the whistleblower forever.

Hortensis

(58,785 posts)
10. Yes. Plus, court decisions we're waiting on
Thu Sep 19, 2019, 01:11 PM
Sep 2019

will no doubt bear on this obstruction as well as the original misuses of executive privilege, roles of the DoJ and AG, etcetera.

herding cats

(19,564 posts)
7. Per the ICWPA they can only do so after the DNI dismisses the claim.
Thu Sep 19, 2019, 12:59 PM
Sep 2019

IF the DNI formally deems the complaint not to be credible or an urgent concern then the whistleblower can notify the DNI they're going directly to the congressional intelligence committees.

So far, Joseph McGuire hasn't made a formal ruling.

herding cats

(19,564 posts)
12. That's what he did originally.
Thu Sep 19, 2019, 01:13 PM
Sep 2019

Which is what lead to the the whistleblower via the IC IG being able to take the information directly to the House intelligence committee.

From here forward there are guidelines but also holes in the law. It never appears to have assumed a hostile DNI was a possibility.

herding cats

(19,564 posts)
13. That actually might be a possible outcome.
Thu Sep 19, 2019, 01:16 PM
Sep 2019

I'm positive it's one being pursued at this time. It won't happen without the intervention of a higher court I suspect, though.

stopdiggin

(11,306 posts)
14. serious question. isn't detaining someone an executive function?
Thu Sep 19, 2019, 01:53 PM
Sep 2019

where would such persons be held? by whom? for what length of time? any legal recourse? representation, bail, appeal?

or is all of that unsettled? "to be determined at a later date." and, yes .. serious inquiry. my civics classes didn't cover this.

 

StarfishSaver

(18,486 posts)
15. Short version - Congress can cite him for contempt and go to court for enforcement
Thu Sep 19, 2019, 01:58 PM
Sep 2019

The court can order him to comply or have the Marshals arrest him. They're technically DOJ employees, but report to the judges and will likely do what the court orders them to do, not what Barr says.

 

StarfishSaver

(18,486 posts)
26. They can try, but it's not as simple as some people think
Thu Sep 19, 2019, 02:34 PM
Sep 2019

Fining them is a possibility but that won't likely make them turn over anything any time soon.

And trying to arrest them would be a fiasco.

I think they're better off going to court and getting an order. That puts the court behind them and on their side, pitting the legislative and judicial branches against Trump. If he defies the court order he's no longer just in contempt of Congress, but also on contempt of court, a more serious offense. And the court can send marshals to arrest, which is more efficient than the Sergeant-at-Arms trying to arrest them.

herding cats

(19,564 posts)
37. This is what I'm hoping for here.
Thu Sep 19, 2019, 02:57 PM
Sep 2019

You understand what the viable options are and what would be meaningless theater.

Theater may be entertaining but we have too much at stake to play theatrical games right now.

 

StarfishSaver

(18,486 posts)
40. Yes. Especially if the theatrics don't get us any closer to getting the info we need
Thu Sep 19, 2019, 03:06 PM
Sep 2019

but only feeds red meat to the crowd.

herding cats

(19,564 posts)
44. Theatrics feed emotions and can fire up a base
Thu Sep 19, 2019, 03:12 PM
Sep 2019

But, that's not what we need now. We're facing an actual crisis and we need real legal solutions to win.

Barr may be a vile person, but he's far from stupid. Barr is damn good at exploiting loopholes and hiding behind them. We need the courts on our side to help prevent that from happening.

 

StarfishSaver

(18,486 posts)
32. It was last done about 90 years ago. It so easy now
Thu Sep 19, 2019, 02:51 PM
Sep 2019

I think it's better to get a court order and have the court enforce it.

Mike 03

(16,616 posts)
16. Can a Congressional Committee ever go straight to the Supreme Court,
Thu Sep 19, 2019, 02:02 PM
Sep 2019

bypassing all the lower courts, such as in a national emergency?

in2herbs

(2,945 posts)
22. Could this be a way to get at Barr? A copy of the complaint was given to Barr. If Schiff demands
Thu Sep 19, 2019, 02:27 PM
Sep 2019

that Barr turn it over to him and Barr refuses, can't we then charge Barr with the crime of being in possession of the complaint and refusing to turn it over to the proper authorities? Under the statute the DOJ is not included in the need to know category.

 

StarfishSaver

(18,486 posts)
27. Congress can't charge him with a crime, but if they get a court to order him to produce it
Thu Sep 19, 2019, 02:35 PM
Sep 2019

and he refuses, THAT's a crime.

 

StarfishSaver

(18,486 posts)
38. Yes. It's the smarter move
Thu Sep 19, 2019, 03:04 PM
Sep 2019

Some might think it's too slow and would prefer the "lock 'em up now" scenario, but it's the much smarter and likely more effective approach.

Inherent contempt leaves Congress out there on its own. Going to court puts the power of the court behind them

NotHardly

(1,062 posts)
23. It is a real shame we have no Enforcement agency in the Federal Government ... or...
Thu Sep 19, 2019, 02:32 PM
Sep 2019
it is simply a shame we have no enforcement authorities with the huevos (sp) to arrest the criminals we get to watch in plain site

bucolic_frolic

(43,161 posts)
24. They'll just assert more executive privilege
Thu Sep 19, 2019, 02:32 PM
Sep 2019

To these hooligans the law means doing what Trump wants and protecting Trump. Every attempt at transparency becomes another opportunity to protect Trump with executive privilege or another lawsuit. They are building an Ark to protect themselves.

herding cats

(19,564 posts)
34. Who, IC IG Michael Atkinson?
Thu Sep 19, 2019, 02:52 PM
Sep 2019

He wasn't in contempt. He's the one who notified Schiff of the ICWPA he deems as credible being suppressed by the DNI. He followed the law then and today.

herding cats

(19,564 posts)
41. Yes, he definitely is.
Thu Sep 19, 2019, 03:08 PM
Sep 2019

Pointing that out is the purpose of this entire thread.

People seemed to be angry at him for following the law today, and I was trying to explain he's not our enemy.

 

StarfishSaver

(18,486 posts)
43. I'm glad you're trying to explain
Thu Sep 19, 2019, 03:10 PM
Sep 2019

Unfortunately, some aren't interested in facts if they get in the way of a good rant.

turbinetree

(24,701 posts)
55. Here let me clarify my rant.................................and defend my self
Thu Sep 19, 2019, 06:24 PM
Sep 2019

Lock there asses up that are obstructing the statute...........................

NurseJackie

(42,862 posts)
45. Ought not there be a "back door" or some way to bypass all this rigamarole and red tape?
Thu Sep 19, 2019, 03:13 PM
Sep 2019

Can the whistleblower just come forward and say "Hey guys! It's me... I'm the one... and here's what I want the world to know..."

herding cats

(19,564 posts)
47. I agree there should.
Thu Sep 19, 2019, 03:25 PM
Sep 2019

Hopefully the law will be re-examined in the future. Right now we have to deal with it as it is and it wasn't written with explicit concept of a hostile DNI.

The whistleblower is able to come directly to the congressional intelligence committees once the DNI formally deems the complaint not to be credible or an urgent concern. McGuire Previously chose to just sit on it before the IC IG brought it to Schiff"s attention. Which was the exact right thing for Atkinson's to do. Now the wheels keep on turning as the ICWPA is reviewed and applied.

The reality is there are brilliant legal minds on both sides trying to use the ICWPA to their advantage.

saidsimplesimon

(7,888 posts)
50. The whistle blower
Thu Sep 19, 2019, 03:32 PM
Sep 2019

risks much; career, family and financial ruin. The media would descend upon their doorstep without any hesitation. imo

herding cats

(19,564 posts)
51. Most definitely.
Thu Sep 19, 2019, 03:35 PM
Sep 2019

Then the threats from Trump's unstable followers would rain down on them and their loved ones.

They're in a dangerous position and trying to do the right thing. I respect that.

 

StarfishSaver

(18,486 posts)
53. I doubt that anybody the people calling for him/her to come forward
Thu Sep 19, 2019, 05:46 PM
Sep 2019

would even think about putting themselves and their families at even a fraction of the risk as they're saying the whistleblower should do.

Kablooie

(18,634 posts)
49. Boy, if the law is ever invoked and Trumpees who illegally protect Trump are imprisoned...
Thu Sep 19, 2019, 03:29 PM
Sep 2019

Our prisons will be crammed to the gills with white, Republicans.

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