READ: OLC Determines DNI Doesn’t Have To Give Complaint To Congress

In a new opinion, the Office of Legal Counsel declared the director of national intelligence does not have to release the contents of whistleblower complaint that centers on President Trump’s call with Ukraine to Congress.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1251212
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Least shocking news of the day.

Thus far.

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Did anyone really think the cover-up would be over? It’s just beginning.

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Oh for fuck’s sake, comeon now. This is Bullshit with a capital “B”. Do they make this shit up on the fly, or what? Its like they invent this shit to fit whatever difficulty they want to avoid dealing with…Such absurdity.

(“Bad Gateway” it tells me. Russia, if you’re listening can you quit fucking up this site…and Josh, get a new server already.)

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Every person who works in the administration is dirty to the core. Every one of them needs to be publicly shamed and forever labeled with the Orange “T.”.

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Good luck with that, OLC. Running into a burning building wearing synthetic fibers soaked in gasoline.

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Obstruction of Justice and Congress. They are trully desperate.

Let loose the whistleblower!

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Okay, Nancy - time to start jailing these scofflaws.

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Just a reminder on the Department of Justice’s Office of Legal Counsel-

  1. They are not mentioned in the U.S. Constitution.
  2. They are not elected.
  3. They cannot create laws.
  4. Their opinions usually reflect the political climate and the implied wishes of their leadership.

At present they are the government body that is preventing the criminal prosecution of Donald Trump, and the release to Congress of a Whistle-blower claim involving National Security against Trump as well.

My opinion- their job is to manufacture legal justification for unethical and possibly criminal activity by the administration.

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Ah, there’s the catch. I started to worry when Trump was all sure we’ll release the WB report. Now Barr is providing cover so Trump can fall back on his tired old crap…I would release the report but, the OLC says we shouldn’t…ah well.

TRMS or Chris Hayes pointed out the catch with allowing the WB to testify to congress last night, they basically told him/her that they could testify but, since the DNI doesn’t consider this a valid claim they wouldn’t fall under the WB protection. In other words, talk and we’ll destroy you!

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Bill Barr’s grimy fingerprints are all over this. But the coverup isn’t going to work this time.

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OLC findings don’t have the legal weight of a ham sandwich in court compared to statute or case law, let alone the constitution. They can only be used to exonerate those who relied on them to evade doing the right and lawful thing in the past, at most–and even that’s questionable IMO–not to justify ongoing criminal behavior in court proceedings. The courts aren’t going to grant the power of judicial review to an unelected bunch of WH lawyers the senate didn’t even confirm.

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They are running down the clock. Cook up a legal opinion and pass it off as an interpretation of the existing law. Then force the courts to make a final judgement after months of litigation.

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Excellent analysis. AND it is important to note that the whistleblower statute at issue here specifically gives the Inspector General the authority to decide if the complaint meets the stated criteria. It does NOT give the DOJ any role in this determination.

Since the IG did find the complaint met the criteria when he reported it to the DNI, the complaint was - per the express language in the statute - to be given to Congress

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But IG Atkinson did. There’s a big problem there and the Acting DNI could be in very deep legal shit in the future.

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What remedies exist on the part of congress? Can they protect the whistleblower in any way? Because that whistleblower could be the biggest hero since Ellsberg.

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Barr is no doubt hitting the bar because he’ll lose his membership in the bar.

The Senate is on board, so this is coming out, at an impeachment trial, if need be.

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I feel sorry for the Whistle Blower, being put in a situation where he or she has a key role to play here but must suffer for it. Clearly, the administration’s strategy is to once again tie this up in the courts. They can do this, if the WB insists on protection. However, if the WB goes to Congress and testifies, then the administration is the one who has to lock him or her up, and face a court battle over his or her liberty.

In other words, it is in the power of the WB to change the dynamic, and make the administration the one seeking a judgement from the court. But only at the cost of suffering and quite possibly jail time. Can we as a nation fairly expect that?

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Sure does look like that need does be.

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Anyone who is surprised by this has been sleeping for the past 6 months…

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