#1 BREAKING: DNI "Whistlebower" Form Altered to Permit Second-Hand Information (datestamped Sep 25, 2019) by ThirstyMan 28.09.2019 03:29


Follow Stephen McIntyre's Twitter Revelations at:
[Selected Postings by TM]

Here is something seriously strange. The Disclosure of Urgent Concern Form located earlier today at DNI is only two days old according to its pdf properties. https://www.dni.gov/files/ICIG/Documents...sure%20Form.pdf

this version of the form (datestamp Sep 25, 2019) permits submission of second-hand material, which was not permitted according to document entitled Information About Filing a Disclosure of Urgent Concern posted on Sep 23, 2019 here https://mobile.twitter.com/PedroIsraelOr...215076468117504

6/ Sue Gordon of CIA resigned from DNI on August 8 after being passed over by Trump for promotion. (Ratcliff withdrew on Aug 2 after being sabotaged). CIA operative "WB" letter to Schiff and Burr was on August 12.

"7/ Maguire was named Acting Director on August 8. During this period of DNI turmoil, DNI Disclosure of Urgent Concern form was revised. Was Maguire informed? Who authorized and advanced revision of form? Did CIA Operative WB complete new or old form?"

15/ bottom line: it appears almost certain that, subsequent to the CIA operative "WB" complaint, the DNI introduced a brand new Urgent Disclosure Form which offered a previously unavailable alternative to report allegations with no personal knowledge https://www.dni.gov/files/ICIG/Documents...sure%20Form.pdf

This article in The Federalist summarizes this "amazing" revelation...

Intel Community Secretly Gutted Requirement Of First-Hand Whistleblower Knowledge

By Sean Davis, SEPTEMBER 27, 2019

Federal records show that the intelligence community secretly revised the formal whistleblower complaint form in August 2019 to eliminate the requirement of direct, first-hand knowledge of wrongdoing.

Between May 2018 and August 2019, the intelligence community secretly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings. This raises questions about the intelligence community’s behavior regarding the August submission of a whistleblower complaint against President Donald Trump. The new complaint document no longer requires potential whistleblowers who wish to have their concerns expedited to Congress to have direct, first-hand knowledge of the alleged wrongdoing that they are reporting.

The brand new version of the whistleblower complaint form, which was not made public until after the transcript of Trump’s July 25 phone call with the Ukrainian president Volodymyr Zelensky and the complaint addressed to Congress were made public, eliminates the first-hand knowledge requirement and allows employees to file whistleblower complaints even if they have zero direct knowledge of underlying evidence and only “heard about [wrongdoing] from others.”

The internal properties of the newly revised “Disclosure of Urgent Concern” form, which the intelligence community inspector general (ICIG) requires to be submitted under the Intelligence Community Whistleblower Protection Act (ICWPA), show that the document was uploaded on September 24, 2019, at 4:25 p.m., just days before the anti-Trump complaint was declassified and released to the public. The markings on the document state that it was revised in August 2019, but no specific date of revision is disclosed.

The complaint alleges that President Donald Trump broke the law during a phone call with the Ukrainian president. In his complaint, which was dated August 12, 2019, the complainant acknowledged he was “not a direct witness” to the wrongdoing he claims Trump committed.

A previous version of the whistleblower complaint document, which the ICIG and DNI until recently provided to potential whistleblowers, declared that any complaint must contain only first-hand knowledge of alleged wrongdoing and that complaints that provide only hearsay, rumor, or gossip would be rejected.

“The [Intelligence Community Inspector General] cannot transmit information via the ICPWA based on an employee’s second-hand knowledge of wrongdoing,” the previous form stated under the bolded heading “FIRST-HAND INFORMATION REQUIRED.” “This includes information received from another person, such as when an employee informs you that he/she witnessed some type of wrongdoing.”

“If you think that wrongdoing took place, but can provide nothing more than second-hand or unsubstantiated assertions, [the Intelligence Community Inspector General] will not be able to process the complaint or information for submission as an ICWPA,” the form concluded.

Markings on the previous version of the Disclosure of Urgent Concern form show that it was formally approved on May 24, 2018. Here is that original Disclosure of Urgent Concern form prior to the August 2019 revision:

Here is the revised Disclosure of Urgent Concern form following the August 2019 revision:

The Ukraine call complaint against Trump is riddled not with evidence directly witnessed by the complainant, but with repeated references to what anonymous officials allegedly told the complainant: “I have received information from multiple U.S. Government officials,” “officials have informed me,” “officials with direct knowledge of the call informed me,” “the White House officials who told me this information,” “I was told by White House officials,” “the officials I spoke with,” “I was told that a State Department official,” “I learned from multiple U.S. officials,” “One White House official described this act,” “Based on multiple readouts of these meetings recounted to me,” “I also learned from multiple U.S. officials,” “The U.S. officials characterized this meeting,” “multiple U.S. officials told me,” “I learned from U.S. officials,” “I also learned from a U.S. official,” “several U.S. officials told me,” “I heard from multiple U.S. officials,” and “multiple U.S. officials told me.”

The repeated references to information the so-called whistleblower never witnessed clearly run afoul of the original ICIG requirements for “urgent concern” submissions. The change to the “urgent concern” submission form was first highlighted on Twitter by researcher Stephen McIntyre.

The complainant also cites publicly available news articles as proof of many of the allegations.

“I was not a direct witness to most of the events” characterized in the document, the complainant confessed on the first page of his August 12 letter, which was addressed to Rep. Adam Schiff (D-Calif.) and Sen. Richard Burr (R-N.C.), the respective chairmen of the House and Senate intelligence committees. Hearsay is generally inadmissible as evidence in U.S. federal and state courts since it violates the constitutional requirement that the accused be given the opportunity to question his accusers.

The anti-Trump complaint also made several false claims that have been directly refuted and debunked.
While the complaint alleged that Trump demanded that Ukraine physically return multiple servers potentially related to ongoing investigations of foreign interference in the 2016 elections, the transcript of the call between Trump and Zelensky shows that such a request was never made.

The complainant also falsely alleged that Trump told Zelensky that he should keep the current prosecutor general at the time, Yuriy Lutsenko, in his current position in the country. The transcript showed that exchange also did not happen.

Additionally, the complaint falsely alleged that T. Ulrich Brechbuhl, a U.S. State Department official, was a party to the phone call between Trump and Zelensky.

“I was told that a State Department official, Mr. T. Ulrich Brechbuhl, also listened in on the call,” the complaint alleged. Shortly after the complaint was released, CBS News reported that Brechbuhl was not on the phone call.

In a legal opinion that was released to the public along with the phone call transcript, the Department of Justice (DOJ) Office of Legal Counsel (OLC) determined that the complainant’s submission was statutorily deficient and therefore was not required to be submitted to Congress. The White House nonetheless declassified and released the document to Congress late Wednesday evening.

“The complaint does not arise in connection with the operation of any U.S. government intelligence activity, and the alleged misconduct does not involve any member of the intelligence community,” the September 3 OLC opinion noted. “Rather, the complaint arises out of a confidential diplomatic communication between the President and a foreign leader that the intelligence-community complainant received secondhand.”

“The question is whether such a complaint falls within the statutory definition of “urgent concern” that the law requires the DNI to forward to the intelligence committees,” the OLC opinion continued. “We conclude that it does not.”

It is not known precisely when the August 2019 revision to the whistleblower complaint form was approved, nor is it known which, if any, version of the Disclosure of Urgent Concern form the complainant completed prior to addressing his complaint to Congress.

Reached by phone on Friday afternoon, a Director of National Intelligence official refused to comment on any questions about the secret revision to the whistleblower form, including when it was revised to eliminate the requirement of first-hand knowledge and for what reason.


#2 RE: BREAKING: DNI "Whistlebower" Form Altered to Permit Second-Hand Information (datestamped Sep 25, 2019) by algernonpj 28.09.2019 17:08



Thanks for the post. I was trying to verify this information yesterday using the internet archives. There are not backups for every day so I could only track in terms of approximate time frames.

Something funky is going on on the dni.gov website.

Somewhere between April 2, 2019 and Sept 27, 2019 today there was a change to the 'Office of the Intelligence Community Inspector General - Hotline' web page.

April 2, 2019:
The only form to which there is a link: Note the date of April 16 not April 1.
https://web.archive.org/web/201904161456...HotlineForm.pdf This is the old hotline form

On July 2, 2019
The only form to which there is a link can't be accessed.

On Sept 27, 2019
Well, well the archive page disappeared. I wish I had taken screen prints.

points to pdf of old urgent concern form

Haven't located old ERP form

Three new links to three forms, all updated as of August 2019.

https://www.dni.gov/files/ICIG/Documents...take%20Form.pdf New Hotline Form
https://www.dni.gov/files/ICIG/Documents...sure%20Form.pdf New Urgent Disclosure Form
https://www.dni.gov/files/ICIG/Documents.../ERP%20Form.pdf New ERP Form

#3 RE: BREAKING: DNI "Whistlebower" Form Altered to Permit Second-Hand Information (datestamped Sep 25, 2019) by algernonpj 28.09.2019 19:15


#4 RE: BREAKING: DNI "Whistlebower" Form Altered to Permit Second-Hand Information (datestamped Sep 25, 2019) by ThirstyMan 28.09.2019 22:36


Try this one...


#5 RE: BREAKING: DNI "Whistlebower" Form Altered to Permit Second-Hand Information (datestamped Sep 25, 2019) by algernonpj 28.09.2019 23:22


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