Category: Unpresidential

Trump publicly urges China to investigate Bidens amid impeachment inquiry

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 President Donald Trump urged another foreign government to probe Joe Biden and his son Thursday, saying the Chinese government should investigate the former vice president and son Hunter Biden over the latter’s involvement with an investment fund that raised money in the country.

“China should start an investigation into the Bidens because what happened in China is just about as bad as what happened with Ukraine,” Trump told reporters outside the White House.

While Trump said he hasn’t requested Chinese President Xi Jinping investigate the Bidens, the public call mirrors the private behavior on which Democrats are partially basing their impeachment inquiry — using the office of the presidency to press a foreign leader to investigate a political rival.

It is “certainly something we can start thinking about, because I’m sure that President Xi does not like being on that kind of scrutiny, where billions of dollars is taken out of his country by a guy that just got kicked out of the Navy,” Trump said Thursday of asking China to probe the Bidens. “He got kicked out of the Navy, all of the sudden he’s getting billions of dollars. You know what they call that? They call that a payoff.”

The U.S. in the midst of a tense trade war with China. The president, discussing progress on negotiations with Beijing on a possible trade agreement just moments prior to his remarks about the Bidens, told reporters that “if they don’t do what we want, we have tremendous power.”

Chinese officials will be in Washington next week in another attempt to revive talks, Trump said.

Trump, seeking to expand his corruption accusations against the Bidens beyond Ukraine, has in recent days repeatedly accused Hunter Biden of using a 2013 trip on Air Force Two with his father, then the vice president, to procure $1.5 billion from China for a private equity fund he had started.

Prior to Thursday, Trump had not called for an investigation of the matter. The White House declined to comment on Trump’s remarks.

Despite Trump’s accusations, there has been no evidence of corruption on the part of the former vice president or his son. In a statement, Biden’s deputy campaign manager and communications director, Kate Bedingfield, said the president “is flailing and melting down on national television, desperately clutching for conspiracy theories that have been debunked and dismissed by independent, credible news organizations.”

“As Joe Biden forcefully said last night, the defining characteristic of Donald Trump’s presidency is the ongoing abuse of power. What Donald Trump just said on the South Lawn of the White House was this election’s equivalent of his infamous ‘Russia, if you’re listening’ moment from 2016 — a grotesque choice of lies over truth and self over the country,” Bedingfield said.

Trump, during a 2016 campaign rally, encouraged the country to meddle in the 2016 election by trying to access Hillary Clinton’s emails, saying, “Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing.”

Special counsel Robert Mueller’s Russia investigation found that within hours of Trump‘s invitation, Russian military intelligence initiated a hack against Clinton’s office. Trump and his allies have said he wasn’t serious when he made the comment.

In pushing back on Trump, Biden’s campaign previously pointed to a fact-check from The Washington Post that found Trump’s claims false while tracing the origins of the $1.5 billion figure to a 2018 book published by conservative author Peter Schweizer.

In addition, Hunter Biden’s spokesman, George Mesires, told NBC News previously that Hunter Biden wasn’t initially an “owner” of the company and has never gotten paid for serving on the board. He said Hunter Biden didn’t acquire an equity interest in the fund until 2017, after his father had left office.

And when he did, he put in only about $420,000 — a 10 percent interest. That puts the total capitalization of the fund at the time at about $4.2 million — a far cry from the $1.5 billion that Trump has alleged.

Trump also said Thursday that he still wants Ukraine to conduct “a major investigation” into Joe and Hunter Biden.

[NBC News]

Reality

Lawfare: Former federal prosecutor and current professor at the University of Alabama School of Law Joyce White Vance concisely yet methodically explained why Trump’s statements constituted a crime.

“Trump just committed a felony violation of law by soliciting something of value in connection with a US election from a foreign government on national TV. 52 U.S. Code § 30121. Violating the law isn’t necessary for Impeachment but it certainly warrants it,” Vance wrote (including a citation to a statute).

She then explained how previously documented accounts of similar behavior render Trump’s conduct here even more culpable than in earlier instances of his requests for foreign assistance.

“The statute requires knowledge your conduct is a crime. After the Mueller investigation, there’s no way Trump was unaware this violates the law. Ukraine/China can you hear me is even worse than Russia, if that’s possible, because it comes from a sitting president,” she wrote.

Trump Again Attacks Teenage Climate Activist Greta Thunberg

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President Donald Trump is using his Twitter account to once again attack teenage climate activist Greta Thunberg, this time to amplify a snide dismissal of her public appearances as “acting.”

The commander-in-chief on Thursday jabbed at the Swedish 16-year-old: He retweeted and praised a Twitter user who criticized the passionate speech Thunberg gave at the U.N. Climate Action Summit in New York City late last month.

A user by the name of @Opinion8dKellie shared video of Thunberg’s speech, in which the teen slammed world leaders for what she said was more interest in making money than in saving the planet by reducing carbon emissions.

“What an actress!” the user, @Opinion8dKellie, tweeted, adding, “I won’t be held hostage by someone who just got a learner’s permit. Sorry kiddo!”

Though the tweet was written on Sept. 23, Trump, 73, retweeted it Thursday morning.

“Keep up the great work Kellie!” he wrote.

In the original tweet, @Opinion8dKellie also referred dismissively to when a visibly aggrieved Thunberg said at the U.N.: “This is all wrong. I shouldn’t be up here. I should be back in school on the other side of the ocean. Yet you all come to us young people for hope. How dare you!”

[People]

Trump, Republicans accuse top Dem of orchestrating whistleblower complaint

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The intelligence community employee who has accused President Donald Trump of abusing his office filed his whistleblower complaint after first consulting with an aide to the Democratic chairman of the House Intelligence Committee, a committee spokesman acknowledged Wednesday, touching off a firestorm of criticism from Republicans.

But while President Trump and others accused House Intelligence Committee chairman Adam Schiff, D-Calif., of orchestrating the complaint, Democratic committee aides told NBC News that what happened was rather routine, and no different from the two to three times a month an intelligence agency employee comes to them with concerns.

They said they did what they usually do in that situation: They instructed the future whistleblower to file a formal document with the inspector general, as called for in the law.

“Like other whistleblowers have done before and since under Republican and Democratic-controlled committees, the whistleblower contacted the committee for guidance on how to report possible wrongdoing within the jurisdiction of the Intelligence Community,” committee spokesman Patrick Boland told NBC News. “This is a regular occurrence, given the committee’s unique oversight role and responsibilities. Consistent with the committee’s longstanding procedures, committee staff appropriately advised the whistleblower to contact an Inspector General and to seek legal counsel.”

The sequence of events was first reported by the New York Times. The future whistleblower, a CIA officer, came to the committee after he had already filed a complaint with the CIA general counsel, and was concerned that the complaint was not being properly handled, Democratic committee aides said.

“At no point did the Committee review or receive the complaint in advance,” Boland said.

Trump, at a news conference, seized on the revelation and made an unsupported allegation that Schiff had helped prepare the complaint.

“He knew long before and helped write it, too. It’s a scam,” the president said.

The House Republican leader, Kevin McCarthy, claimed on Twitter that Schiff “just got caught orchestrating with the whistleblower before the complaint was ever filed. Democrats have rigged this process from the start.”

Boland and a lawyer for the whistleblower denied that Schiff played any role in writing the complaint.

However, Republicans focused on the veracity of a statement Schiff made on MSNBC’s Morning Joe a few days after he publicized the existence of the complaint.

“We have not spoken directly with the whistleblower,” Schiff said. “We would like to, but I’m sure the whistleblower has concerns that he has not been advised, as the law requires, by the inspector general or the Director of National Intelligence, just as to how he is to communicate with Congress.”

A committee aide said Schiff was referring to the committee writ large “officially interviewing the whistleblower,” as distinct from the brief conversation with a staffer. But Sam Stein, the Daily Beast journalist who asked the question, tweeted, “Schiff did appear to lie here in previously saying that his office had not spoken directly with the whistleblower.”

He added, “But if you care more about this stuff than the actual substance of the whistleblower complaint then you’re being a hack.”

Boland noted that the committee did not receive a copy of the complaint from the Office of the Director of National Intelligence until the night before the acting director of national intelligence’s testimony, more than three weeks after the legal deadline by which the committee should have received the complaint.

“The whistleblower should be commended for acting appropriately and lawfully throughout every step of the process,” he added. “The committee expects that they will be fully protected, despite the President’s threats. Only through their courage did these facts about the President’s abuse of power come to light. The committee encourages all whistleblowers to come forward and seek advice on how to make disclosures of serious or flagrant wrongdoing. The committee — and the nation — rely on brave members of the Intelligence Community to raise the alarm and avail themselves of established channels.”

Schiff does not know the identity of the complainant, the committee aides said, adding that the whistleblower passed on only a vague account of his or her concerns. They would not comment on whether Schiff knew they involved a Trump phone call with the Ukrainian president.

But one result of the heads up was that Schiff, alone among members of Congress, knew there was something important when the inspector general of the Intelligence Community notified the House and Senate intelligence committees that an “urgent concern” complaint was being withheld from them on legal grounds. On September 13, a Friday night, Schiff announced without warning that he was issuing a subpoena for the complaint, and suggested the complaint was being withheld to protect the president. Other Democrats did not appear to know what he knew.

The committee aides added that the bulk of the whistleblower’s complaint was marked unclassified, and that he therefore did not violate the whistleblower law that prohibits intelligence employees from conveying classified information to Congress without going through procedures, including filing a complaint with an inspector general.

A source close to the whistleblower’s legal team said there was no violation, and did not dispute the sequence of events as reported in the New York Times and confirmed by committee aides.

When the whistleblower first had a colleague convey his or her concerns in very general terms to the CIA’s general counsel, the CIA’s counsel briefed the White House Counsel’s Office about the complaint, a person familiar with the matter said. When the whistleblower learned about that, he became concerned the complaint was being swept aside, the New York Times reported.

“The intelligence community whistleblower followed the advice of legal counsel from the beginning,” Andrew Bakaj, lead counsel for the whistleblower, said. “The laws and processes have been followed.”

[NBC News]

Trump calls investigations ‘BULLSHIT’

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President Donald Trump’s furor with House Democrats’ barely week-old impeachment probe reached new heights on Wednesday, apparently prompting the president to resort to obscenities to express his discontent.

In a slew of tweets fired off as House Speaker Nancy Pelosi and House Intelligence Chairman Adam Schiff held a briefing on lawmakers’ impeachment efforts, Trump branded the Democratic Caucus as “Do Nothing Democrats” and proceeded to call their oversight efforts “bullshit.”

“The Do Nothing Democrats should be focused on building up our Country, not wasting everyone’s time and energy on BULLSHIT, which is what they have been doing ever since I got overwhelmingly elected in 2016, 223-306,” he wrote, incorrectly stating the breakdown of Electoral College votes he and Hillary Clinton received.

He also fired off a warning to Democrats ahead of their nominating contest next year: “Get a better candidate this time, you’ll need it!”

Later speaking to reporters in the Oval Office alongside Finland’s visiting president, Trump managed to partially censor himself in making a crude reference to Schiff, one of his top congressional rivals.

“He is a shifty dishonest guy who was critical of one of the great secretary of States,” Trump said of Schiff, who’d just criticized Mike Pompeo on national television. “The most honorable person, Mike Pompeo, and this guy was negative on Mike Pompeo.”

Trump then delivered some locker room talk about Schiff: “He can’t — you know there’s an expression, he couldn’t carry his blank strap,” he said, apparently bleeping out “jock strap.”

“I won’t say it,” Trump went on, “because they’ll say it was so terrible to say, but that guy couldn’t carry his blank strap, do you understand that?”

Pelosi only formally launched an impeachment inquiry into Trump last week, after it was reported the president pressured Ukraine’s president to investigate former Vice President Joe Biden and his son Hunter. Biden is among the top candidates vying to run against Trump next year.

The probe stems from a whistleblower complaint filed by a member of the intelligence community citing that call, prompting the White House to release its rough transcript of the conversation. Democrats, citing Trump’s sudden decision to withhold military aid from Ukraine, suggested the conversation may have contained a quid pro quo, though no such offer is explicitly made, according to the White House’s account of the phone call.

Trump’s outbursts come as the investigation has intensified on a daily basis. Early Wednesday morning, Pompeo confirmed that he was on the July phone call with Trump and Ukraine’s Volodymyr Zelensky after initially playing down any knowledge of what was discussed on the call.

Pompeo also stoked Democrats’ ire by appearing to accuse them on Tuesday of intimidating career employees at the State Department and by suggesting several potential witnesses could decline to appear for depositions with lawmakers.

In recent days, Trump demanded Schiff’s resignation while claiming the congressman and the anonymous whistleblower could both be guilty of treason.

But Democrats have moved forward quickly with their probe, hitting Trump and his allies with a number of subpoenas over the past week, and Trump has continued to lash out, calling their investigations an attempt at a “coup.” Schiff on Wednesday made clear that he would not put up with stonewalling by the White House, telling reporters that doing so would be considered evidence of obstruction in any eventual articles of impeachment.

In Wednesday’s news conference, Pelosi said she still believed Democrats could work with the White House on prescription drug pricing legislation and to make tweaks to Trump’s renegotiated deal to replace the North American Free Trade Agreement, arguing that her colleagues could investigate and legislate simultaneously.

She also forcefully defended the probe, insisting she would be a fair arbiter while ensuring it moves forward at an aggressive pace.

As Trump barked out insults in the Oval Office, referring to Schiff as a “lowlife” and “shifty Schiff,” Finland’s Sauli Niinistö sat quietly in the chair beside him with a straight face.

When a Finnish reporter offered up the chance to change the subject, asking Trump what he could learn from “the happiest country in the world,” Finland, the president continued to lay into his rivals.

“Well if you got rid of Pelosi, and you got rid of shifty Schiff,” Trump trailed off with a grin after slapping Niinistö on the knee.

“Finland is a happy country, he’s a happy leader, too,” Trump added, eliciting an eyebrow raise and a knowing chuckle from Niinistö.

[Politico]

Reality

Donald Trump tweeted this during his 9 hours of Executive Time.

Trump suggested shooting Hispanic migrants in the legs

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President Trump suggested having migrants shot in their legs during a March meeting with White House advisers in the Oval Office, The New York Times reported Tuesday. 

The Times’ report is based on interviews with more than a dozen White House administration officials involved in the events the week of the meeting. The article is adapted from a forthcoming book by reporters Mike Shear and Julie Hirschfield Davis, titled “Border Wars: Inside Trump’s Assault on Immigration.” It will be published Oct. 8. 

The aides told the Times Trump suggested to advisors during the Oval Office meeting that they should shoot migrants in the legs to slow them down. 

The suggestion came after Trump had publicly suggested shooting migrants if they threw rocks, the Times reports. Trump had made the suggestion about shooting migrants that threw rocks during a speech in November. 

Officials who spoke to the Times also recall Trump often suggesting fortifying a border wall with a water-filled trench, stocked with snakes or alligators. 

Trump also “wanted the wall electrified, with spikes on top that could pierce human flesh,” the Times reports. 

When advisors told Trump some of his suggestions were not allowed, he reportedly became frustrated. 

“You are making me look like an idiot!” Trump shouted, according to the Times, citing multiple officials in the room’s description. “I ran on this. It’s my issue.”

The meeting was set for 30-minutes and the Times reports it lasted more than an hour. Officials in the room included then Homeland Security Secretary Kirstjen Nielsen, Secretary of State Mike Pompeo, Customs and Border Protection Chief Kevin McAleenan, acting Chief of Staff Mick Mulvaney and Steven Miller, according to the Times. 

A White House spokesperson was not immediately available for comment.

[The Hill]

Trump admin delays funds for human-trafficking victims that would help non-citizens

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 The Trump administration abruptly delayed a $13.5 million grant to house human trafficking victims just five days after saying that “non-citizens” could be served by the program.

The program’s funds, which were approved two years ago by multiple federal agencies, are now in limbo with no indication when money will be distributed and no public explanation for the change.

The money was intended to support housing and supportive services for victims of sex and labor trafficking, including immediate emergency shelter and short-term housing of up to 24 months, according to the notice of funding availability. The money could also be used for providing trafficking victims with furniture, child care services, trauma therapy, cell phones and household items.

The grants were to be dispersed by the Department of Housing and Urban Development, in collaboration with the Department of Justice and Health and Human Services. HUD hosted a webinar on August 22 through the U.S. Interagency Council on Homelessness for organizations interested in applying for the money, which the council described on August 13 as an “unprecedented partnership” between the DOJ and HUD.

On September 4, the funding announcement was updated to “allow recipients [of the funds] to serve non-citizens,” including lawful permanent residents and foreign national victims, the funding notice said.

Five days later, the grant solicitation was cancelled, according to the federal government’s grants.gov website, which currently states: “This Funding Opportunity has been CANCELLED and is NO longer accepting applications.”

A spokesperson for the Justice Department told NBC News the program has been “postponed,” not cancelled and that a separate HUD website describing the grant as “cancelled” is a mistake. DOJ has not explained why, but the agency asked for the funds back from HUD and the spokesperson says DOJ will now run the program itself.

HUD did not immediately respond to a request for comment.

Sen. Sherrod Brown, D-Ohio, sent a letter to HUD and DOJ on Friday criticizing the administration for abruptly stopping the grant and asked the agencies to explain what had happened. “Survivors of trafficking must have access to safe and affordable housing,” wrote Brown, the ranking Democrat on the Senate Committee on Banking, Housing, and Urban Affairs. “A decision to postpone these housing and services grants into oblivion will be a decision to waste anti-trafficking resources already on the table.”

[NBC News]

Trump targets ‘pathetic’ Federal Reserve after worst manufacturing reading in a decade

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President Donald Trump again attacked the Federal Reserve on Tuesday after the weakest U.S. manufacturing reading in 10 years.

In a tweet, the president wrote Fed Chair Jerome Powell and the central bank “have allowed the Dollar to get so strong, especially relative to ALL other currencies, that our manufacturers are being negatively affected.” He contended the Fed has set interest rates “too high.”

“They are their own worst enemies, they don’t have a clue,” he wrote. “Pathetic!”

As his trade war with China rages on, Trump has repeatedly blamed the Fed’s interest rate policy for concerns about a slowing U.S. economy. He has contended the central bank has not moved quickly enough to ease monetary policy — though the Fed has cut its benchmark funds rate twice this year.

The Fed did not immediately respond to a request to comment.

Trump’s tweet comes after the Institute for Supply Management’s manufacturing reading fell to 47.8 in September, down from 49.1 in August. A reading below 50 shows a manufacturing contraction.

The poor economic data contributed to major U.S. stock indexes sliding Tuesday.

The dollar index, which measures the U.S. currency against a basket of global currencies, has climbed more than 3% this year and sits near its highest level since mid-2017. A stronger dollar relative to global currencies is generally expected to reduce exports and increase imports, hurting manufacturers because it makes their products more expensive overseas.

While exchange rates may have contributed to the drag on manufacturing in September, trade also did, according to ISM.

“Global trade remains the most significant issue as demonstrated by the contraction in new export orders that began in July 2019. Overall, sentiment this month remains cautious regarding near-term growth,” Timothy Fiore, chair of the ISM Manufacturing Business Survey Committee, said in a release announcing the data.

Trump has repeatedly downplayed any concerns about a looming American recession. He has also contended his trade conflict with the second-largest economy in the world will not harm businesses or consumers — despite indications that it has already started to hurt some companies and worry Americans.

Seeing concerns about a flagging economy as a ploy to discredit him before the 2020 election, Trump has claimed the central bank bears the blame for any slowdown rather than his own policies.

[NBC News]

Media

Trump: Why aren’t we entitled to ‘learn everything about’ the whistleblower?

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President Trump on Tuesday reiterated his desire to meet with and question the whistleblower whose complaint about Trump’s interactions with the leader of Ukraine ignited an impeachment inquiry.

The president, who in recent days attacked the whistleblower as a “fraud” and attempted to undermine their credibility, questioned why he doesn’t have the right to interview the anonymous individual.

“Why aren’t we entitled to interview & learn everything about the Whistleblower, and also the person who gave all of the false information to him,” Trump tweeted. “This is simply about a phone conversation that could not have been nicer, warmer, or better. No pressure at all (as confirmed by Ukrainian Pres.). It is just another Democrat Hoax!”

Trump claimed the author of the complaint “has all second hand information” and that “almost everything” the whistleblower recounted about the president’s call with Ukraine was wrong.

But neither of those things is true.

The whistleblower’s account of Trump’s July 25 call with Ukrainian President Volodymyr Zelensky aligns with a rough White House transcript that shows Trump urged Zelensky to “look into” Democratic presidential candidate Joe Biden and asked him to investigate a company with ties to the 2016 election.

In addition, the intelligence community inspector general released a statement on Monday night clarifying that the whistleblower had firsthand information and information from other sources in their complaint about Trump.

Democrats and the whistleblower’s attorneys have expressed concerns that Trump is endangering the person’s safety by attempting to uncover their identity and questioning their motives.

The president has ramped up his attacks on the anonymous individual behind the whistleblower complaint in recent days, claiming he should be able to meet the complainant and alleging they are partisan despite not knowing their identity.

The Whistleblower Protection Act makes it a violation for federal agencies to threaten retaliation against individuals who come forward to raise concerns of wrongdoing within the government.

[The Hill]

Trump slammed for congratulating China on 70 years of Communist rule

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President Trump faced a backlash online and from lawmakers on both sides of the aisle Tuesday for congratulating China on the 70th anniversary of Communist rule.

“Congratulations to President Xi and the Chinese people on the 70th Anniversary of the People’s Republic of China!” the president said in a tweet that was slammed for ignoring decades of human rights abuses in the country.

Trump has generally spoken favorably about Xi, though relations between the two nations have deteriorated since he took office and has launched a trade war with Beijing.

His shoutout came amid violent pro-democracy protests in Hong Kong, where an 18-year-old was hit in the chest by a live round fired by police in the Chinese territory.

House Republican Conference chairwoman Liz Cheney of Wyoming released a statement pointing to China’s oppressive governing tactics, according to the Washington Post.

“This is not a day for celebration,” she said in a joint statement with Rep. Mike Gallagher (R-Wis.).

The US will use the occasion to “rededicate ourselves to ensuring that the Chinese Communist Party is left on the ash heap of history,” they added.

Sen. Ben Sasse (R-Neb.) also issued a statement that contrasted sharply with the president’s message.

“Today Chinese tyrants celebrated 70 years of communist oppression with their typically brutal symbolism: by sending a police officer to shoot a pro-democracy protester at point-blank range,” Sasse said.

“The freedom-seekers in Hong Kong mourn this anniversary, and the American people stand with them against those who deny their God-given dignity.”

In a statement, Sen. Tom Cotton (R-Ark.) said: “From the Great Leap Forward to the Cultural Revolution to the camps in Xinjiang today, it has been a ghoulish 70 years of Chinese Communist Party control.”

And Rep. Chip Roy (R-Texas), a Trump ally, tweeted a terse “I will pass” in response to the president’s wishes.

On Twitter, Trump’s followers also didn’t hold back in calling him out.

“Don’t forget to send timely salutations to the other loves of your life, Vladimir Putin, Kim Jong-un, Rodrigo Duterte, and Jair Bolsonaro!” Karen Walz wrote.

User Michael Lebowitz wrote: “Are you kidding me. Congratulations to a nation that has killed more people than Hitler and Stalin in the effort to uphold communism. They are morally corrupt and certainly not deserving of congratulations.”

“Mr. President, I regret to point out you are literally congratulating your greatest enemy, the biggest threat to the US: you are congratulating the CCP,” @WBYeats1865 tweeted.

“Today the CCP just showed off their missiles capable of striking Taiwan, Japan, Guam, and USA soil, and they said it PROUDLY!” he added, referring to the Chinese display of military might on Tuesday.

And another user, Jim Clarke, said: “Never thought I see the day a US President celebrates the anniversary of communism!”

[New York Post]

Donald Trump’s false claim about a change in whistleblower rules

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President Donald Trump raised the specter of shady bureaucratic doings that allowed a whistleblower’s complaint to move forward when ordinarily it wouldn’t have.

“Who changed the long standing whistleblower rules just before submittal of the fake whistleblower report?” Trump tweeted Sept. 30. “Drain the swamp!”

Trump was far from the only one saying the rules were changed “just before” the report that ignited an impeachment inquiry was filed Aug. 12. House Republican Leader Kevin McCarthy tweeted the same thing Sept. 28.

“Whistleblowers were required to provide direct, first-hand knowledge of allegations,” McCarthy wrote. “But just days before the Ukraine whistleblower came forward, the IC (Inspector General of the Intelligence Community) secretly removed that requirement from the complaint form.” Trump’s lawyer Rudy Giuliani echoed the same point Sept. 29.

All three tweets lead back to the same article on the conservative website Federalist. 

All three are wrong. 

• First-hand knowledge by a whistleblower has never been required since the law protecting intelligence community whistleblowers was enacted.

• Inspector General staff, who investigate a charge, need first-hand information to move a complaint forward — as they did in this case.

• The current complaint was based on both first- and second-hand information.The Federalist article

The Sept. 27 article claimed, “Between May 2018 and August 2019, the intelligence community secretly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings.”

The evidence comes from a tweet thread started by Stephen McIntyre on the morning the Federalist article appeared. McIntyre is a former mining company director who created the Climate Audit blog, which questions the official data behind climate change.

From the thread, a few key points emerge:

As of May 24, 2018, the Inspector General of the Intelligence Community’s Urgent Concern disclosure form — the form whistleblowers fill out  — offered three choices to describe how the whistleblower got his/her information: personal knowledge, heard from other people, and other sources.

The current form offers just two choices: personal knowledge or “heard about it from others.” That form dates from August 2019.

The previous form also included a section under the subhead “First-hand information required.”

“In order to find an urgent concern ‘credible,’ the IC IG (Intelligence Community Inspector General) must be in possession of reliable, first-hand information. The IC IG cannot transmit information via the ICWPA (Intelligence Community Whistleblower Protection Act) based on an employee’s second-hand knowledge of wrongdoing. This includes information received from another person, such as when a fellow employee informs you that he/she witnessed some type of wrongdoing. (Anyone with first-hand knowledge of the allegations may file a disclosure in writing directly with the IC IG.) Similarly, speculation about the existence of wrongdoing does not provide sufficient basis to meet the statutory requirements of the ICWPA. If you think wrongdoing took place, but can provide nothing more than secondhand or unsubstantiated assertions, IC IG will not be able to process the complaint or information for submission as an ICWPA.”

The current reporting form lacks that section.

Based on these facts, Trump and other Republicans asserted that the rules for whistleblowers were changed “just before” the current complaint was filed. Actually, only the forms were changed. The rules stayed the same.The actual sequence

The whistleblower who triggered the impeachment inquiry filled out the earlier version of the form, and no rules were changed.

The Office of Inspector General issued a statement Sept. 30 saying that “the Disclosure of Urgent Concern form the Complainant submitted on August 12, 2019, is the same form the IC IG has had in place since May 24, 2018.”

The inspector general’s office underscored that the whistleblower received the section about the need for first-hand evidence before a claim would go on to the next step.

So changes to the form took place after the whistleblower filed.

As for the rules on what is required, those have been the same since 2014 under an order issued by the Director of National Intelligence. Intelligence Community Directive 120 defines a protected disclosure as one that the employee “reasonably believes evidences a violation of any law, rule or regulation.”

The statement from the Inspector General’s office emphasized the reasonable belief standard.

“By law the Complainant – or any individual in the Intelligence Community who wants to report information with respect to an urgent concern to the congressional intelligence committees – need not possess first-hand information in order to file a complaint,” the statement said. “The IC IG cannot add conditions to the filing of an urgent concern that do not exist in law.”

The section about the need for first-hand information has to do with the investigation that follows a whistleblower’s report, not a requirement for the report itself.

“This is their way of tempering the whistleblower’s expectations,” said analyst Irvin McCullough, with the nonprofit Government Accountability Project. (McCullough’s father served as inspector general until 2017 and now represents the whistleblower.) “It says we might not find enough to support your complaint.”

The latest IG statement says it changed its forms after the current affair unfurled, because it understood some parts “could be read — incorrectly — as suggesting that whistleblowers must possess first-hand information in order to file an urgent concern complaint.”

The statement noted that the whistleblower checked both boxes to indicate he/she had both first and second-hand information. 

It also notes that its investigation found the report credible and urgent.

The White House had no comment.Our ruling

Trump said, “Longstanding whistleblower rules (were changed) just before submittal of the fake whistleblower report.”

The current rules have been in place since 2014. Whistleblowers can provide either first or second-hand information, or both. The current whistleblower filled out a form that dates from May 2018. Whatever changes existed on that form date from 14 months before the present claim was filed.

Investigators require more than second-hand information in order to move a complaint forward, but that is not a requirement before a complaint can be filed.

The Inspector General’s office changed its forms after the whistleblower filed, but those changes had no bearing on the rules under which a claim would be processed.

We rate this claim False.

[Politifact]

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