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

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]

Trump Tweets Out Breitbart Online Poll Showing 97.83% of People ‘Stand With’ Him on Impeachment

Amidst a raft of polls showing a surge in support for his impeachment, President Donald Trump shared a more favorable metric of his popularity: an online poll from right wing website Breitbart on whether respondents “stand with” him.

“Do you stand with President Trump?” asked the online poll, labeled “BREITBART IMPEACHMENT POLL.”

97.83% of respondents voted “yes,” while 2.17% voted “no.”

“THANK YOU!” Trump wrote on Twitter in response.

Meanwhile, a new Quinnipiac poll out Monday found a dead heat in support for impeachment. 47 percent said they thought Trump should be impeached and removed from office, while 47 percent said they did not think he should be removed. The poll represents a significant surge in support for impeachment compared to last week.

[Mediaite]

Trump suggests arresting Adam Schiff for ‘treason’

President Donald Trump and his allies on Monday ratcheted up their campaign against Rep. Adam Schiff as the White House’s Ukraine scandal entered its second week — with Trump again suggesting the House Intelligence chairman committed treason.

Locked in a defensive crouch and staring down an impeachment inquiry, Trump continued to batter the California Democrat for allegedly mischaracterizing his July phone call with newly elected Ukrainian President Volodymyr Zelensky.

“Rep. Adam Schiff illegally made up a FAKE & terrible statement, pretended it to be mine as the most important part of my call to the Ukrainian President, and read it aloud to Congress and the American people,” Trump wrote on Twitter. “It bore NO relationship to what I said on the call. Arrest for Treason?”

During Trump’s conversation with Zelensky, the president urged his foreign counterpart to work with Attorney General William Barr to investigate former Vice President Joe Biden and his son.

After Schiff offered a knowingly exaggerated version of the call’s transcript before a meeting of his committee last Thursday, conservative commentators and Republican lawmakers were quick to castigate the congressman on social media and cable news.

The president was unwilling to drop the issue Monday afternoon, complaining about Schiff’s remarks to reporters in the Oval Office following a swearing-in ceremony for his new Labor secretary, Eugene Scalia.

“Adam Schiff — representative, congressman — made up what I said. He actually took words and made it up,” Trump said, as Scalia’s family looked on. “The reason is, when he saw my call to the president of Ukraine, it was so good that he couldn’t quote from it. Because there was nothing done wrong. It was perfect.”

Trump previously demanded Sunday that Schiff be “questioned at the highest level for Fraud & Treason,” and claimed that his “lies were made in perhaps the most blatant and sinister manner ever seen in the great Chamber.”

Rudy Giuliani, Trump’s personal attorney, kept up that line of attack Monday, charging that Schiff “didn’t embellish” but instead “lied about” the memo the White House released last week summarizing the Zelensky call.

“He stood in front of the American people with millions of people listening and he lied,” Giuliani told the Fox Business Network. “He put on a stupid phony show, just like he lied when he said he had direct evidence of Russian collusion.”

Eric Trump, the president’s son, also assailed Schiff on Monday, telling the hosts of “Fox & Friends” that the congressman “is exactly why we need term limits in this country” and adding: “He’s a total disgrace.”

[Politico]

Trump demands to meet whistleblower, warns of ‘big consequences’

President Trump on Sunday evening railed against the whistleblower and other individuals at the center of a growing scandal involving his phone call with Ukraine’s president, warning there could be “big consequences.”

“Like every American, I deserve to meet my accuser, especially when this accuser, the so-called “Whistleblower,” represented a perfect conversation with a foreign leader in a totally inaccurate and fraudulent way. Then [Rep. Adam] Schiff made up what I actually said by lying to Congress,” Trump said in a series of tweets.

“His lies were made in perhaps the most blatant and sinister manner ever seen in the great Chamber,” he continued, before adding that he wants Schiff, the chairman of the House Intelligence Committee, “questioned at the highest level for Fraud & Treason.”

“In addition,” he added, “I want to meet not only my accuser, who presented SECOND & THIRD HAND INFORMATION, but also the person who illegally gave this information, which was largely incorrect, to the ‘Whistleblower.’ Was this person SPYING on the U.S. President? Big Consequences!”

[The Hill]

Trump rages at ‘unlawful impeachment’ and vows to come after lawmakers in ’50 Trump type Districts’

President Donald Trump kept up his steady drumbeat of retweeting posts from the RNC and fans of his presidency on Sunday morning, using a video produced by the Republican Party to call the pending impeachment proceedings “unlawful.”

Linking to a video posted by GOP chairwoman Ronna McDaniel, where she wrote, “This is just the beginning of an all-out fight to defend our democracy & our president,” and targeted Democratic lawmakers in GOP districts, Trump added, “Will happen to all of those seeking unlawful impeachment in 50 Trump type Districts. We will win big!”

You can see the video below:

[Raw Story]

Trump launched crazed late night Twitter rant — spreading 22 RNC oppo research attacks

President Donald Trump is facing an impeachment inquiry after admitting he solicited foreign election interference in his search for opposition research to help his 2020 re-election bid.

With his efforts backfiring, Trump on Saturday evening relied on the Republican National Committee for opposition research — known as oppo research — to attack his opponents.

After starting the day with an unhinged attack on Democrats, the president went to Trump National Golf Club, but instead of returning to the White House refreshed after a day on the links, the president posted more unsubstantiated attacks on Democrats that received swift criticism.

It was after 10 p.m. Eastern that the president spread a massive amount of oppo research on Democrats to his 65 million Twitter followers.

Here are the RNC opposition research tweets Trump retweeted after 10 p.m.

[Raw Story]

Trump blasts ‘savages’ — Ocasio-Cortez, three other women of color, Schiff, Nadler

President Donald Trump blasted six members of the House of Representatives as “savages” on Saturday morning.

“Savages” began to trend on Twitter following the president’s post, which comes amid an impeachment inquiry over his dealings with Ukraine.

Some Twitter users pointed out that Trump’s latest broadside against Democrats focused on four women of color as well as the two heads of committees helping to lead the impeachment inquiry — Rep. Jerry Nadler of New York, who chairs the Judiciary Committee and Adam Schiff of California, who leads the Intelligence Committee.

“AOC plus 3” apparently refers to Rep. Alexandria Ocasio-Cortez of New York, who is of Puerto Rican heritage, and the three other members of the so-called “squad” of progressive congresswomen: Ilhan Omar of Minnesota, an immigrant from Somalia; Ayanna Pressley of Massachusetts, who is black; and Rashida Tlaib of Michigan, who is of Palestinian descent.

The three are among at least 225 House Democrats who now support some type of impeachment action.

House Speaker Nancy Pelosi announced a formal impeachment inquiry this week following claims that the president might have withheld aid to Ukraine to pressure officials there to investigate former Vice President Joe Biden and his son.

Biden is currently a front-runner in the race for the Democratic nomination for president.

Trump has described the impeachment inquiry as “PRESIDENTIAL HARASSMENT” and “A total Witch Hunt Scam by the Democrats!” on Twitter.

His Saturday morning broadside came a day after Schiff — as well as Rep. Eliot Engel, D-N.Y., chairman of the Foreign Affairs Committee, and Rep. Elijah Cummings, D-Md., chairman of the Oversight Committee — wrote a letter demanding that Secretary of State Mike Pompeo turn over documents related to Trump’s July 25 phone call with Ukrainian President Volodymyr Zelenskiy.

[NBC News]

Trump Blasts CNN for Chyron Typo; Reveals He Doesn’t Know Difference Between a Hyphen and an Apostrophe

Watch out CNN graphics team, you are on notice!

In a curiously focused complaint aimed at what he derided as “Low ratings” CNN, President Donald Trump took serious issue with the network’s handling of a tweet of his that ripped Rep. Adam Schiff, and cited what appeared to be a chyron typo as an example of “how dishonest the LameStream Media is.”

Trump tweeted:

At issue is a Trump tweet published Thursday after the House Intel Committee Chair led a hearing featuring Acting DNI Joseph Maguire regarding a whistleblower complaint that raised “urgent concerns” over Trump and his phone call with the Ukrainian president.

Trump’s source material tweet?

It seems that CNN, however, claimed that Trump misspelled “little” as “liddle.” The word “liddle” however, is not a word found in any reputable dictionary, though the Commander in Chief is clearly using a unique spelling on purpose, as he has used that term before.

The other problem for Trump is that CNN did not include his use of an apostrophe at the end of his made up word, though perhaps, unfortunately, he misidentified the punctuation mark. It is not a “hyphen” as he alleges, it is an apostrophe. He also spelt “describing” wrong.

[Mediaite]

White House press secretary says daily briefings aren’t coming back any time soon

White House press secretary Stephanie Grisham said Monday that she is not likely to conduct a White House press briefing anytime in the near future, deriding the once-regular sessions as an act of “theater” for reporters seeking “to get famous” during the televised news conferences.

“Not right now,” Grisham told the hosts of “Fox & Friends,” when asked whether the White House will resume its daily press briefing, a longstanding practice under President Donald Trump’s predecessors.

“I mean, ultimately, if the president decides that it’s something we should do, we can do that, but right now he’s doing just fine,” she continued. “And to be honest, the briefings have become a lot of theater. And I think that a lot of reporters were doing it to get famous. I mean, yeah, they’re writing books now. I mean, they’re all getting famous off of this presidency. And so, I think it’s great what we’re doing now.”

Grisham, who has rarely participated in on-camera interviews since becoming press secretary in June, praised her boss as “his own best spokesperson” and claimed he is “the most accessible president in history, as all of the media knows” — citing Trump’s frequent informal gaggles with the White House press corps.

Grisham also suggested that reporters’ criticisms of the president’s previous press secretaries, Sean Spicer and Sarah Huckabee Sanders, played a role in Trump’s decision to discontinue the briefings.

“I think that it’s so important that, you know, the spokesperson for the president can adequately speak to his policies and get his message out there, and I think the president saw that that’s not what was happening,” she said. “It had become, again, theater, and they weren’t being good to his people. And he doesn’t like that. He’s very loyal to his people, and he put a stop to it.”

Spicer was widely mocked for his combative and sometimes stumbling performances during the daily White House news briefings, which memorably became a subject of parody by actress Melissa McCarthy on “Saturday Night Live.”

Sanders oversaw the end of the daily briefings amid mounting questions from journalists regarding her credibility. She opted to develop a regular presence on cable news programs, especially “Fox & Friends,” where she would bludgeon the president’s detractors.

Grisham has been largely reluctant to advocate on-air for the administration’s priorities, but she weighed in Monday on the controversy surrounding Trump’s summer conversation with Ukraine’s president that is quickly consuming the White House and Capitol Hill.

“The president made it very clear he did absolutely nothing wrong. This is just another reason for Democrats and for the media to attack and look for things that just aren’t there,” she said.

The Wall Street Journal initially reported on Friday that Trump urged newly elected Ukrainian President Volodymyr Zelenskiy roughly eight times during a July 25 phone call to work with Trump attorney Rudy Giuliani to investigate former Vice President Joe Biden’s son.

Trump confirmed Sunday that he discussed Biden, the front-runner for the Democratic presidential nomination, during his call with Zelenskiy.

“The conversation I had was largely congratulatory, was largely corruption, all of the corruption taking place,” he told reporters outside the White House. “Was largely the fact that we don’t want our people, like Vice President Biden and his son, creating to the corruption already in the Ukraine.”

[Politico]

Trump Admits He Talked to Ukraine About Joe Biden

U.S. President Donald Trump appears to have admitted Sunday that he did talk to Ukrainian President Volodymyr Zelensky about unsubstantiated corruption allegations against former Vice President Joe Biden and his son.

The admission came after days of news reports, allegations, stonewalling, and denials about claims that the president threatened to withhold military aid to Ukraine as leverage to force Zelensky to launch a probe that could damage one of his main rivals in next year’s election.

“The conversation I had was largely congratulatory, was largely corruption, all of the corruption taking place, was largely the fact that we don’t want our people like Vice President Biden and his son [contributing] to the corruption already in Ukraine,” Trump told reporters Sunday.

But the president insisted that he did “absolutely nothing wrong” in the call, adding that the conversation was “perfect.”

The president once again leveled the same unsubstantiated allegations against Biden on Twitter on Sunday night:

Trump’s concession came only after the Wall Street Journal reported that the president had pressed Zelensky up to eight times to work with his lawyer Rudy Giuliani to investigate allegations against Biden and his son.

Trump and his allies have claimed, without providing any evidence, that Biden used his position as vice president to pressure Ukraine into firing a prosecutor who was investigating possible criminal charges against Biden’s son Hunter, who was on the board of Burisma Holdings, a major Ukrainian energy company.

There is no evidence of wrongdoing by Biden or his son, and a Ukrainian prosecutor general said in May that the company did not violate Ukrainian law by having Hunter Biden in a paid position on its board.

The phone call with Zelensky, which formed part of a complaint by an intelligence community whistleblower, took place on July 25. That was prior to the U.S. approving $250 million in military aid to Ukraine, though CNN reports that this was not explicitly mentioned during the call and Trump said Sunday there was “no quid pro quo” in his calls for an investigation.

The White House and the Department of Justice have so far refused to release the transcripts of the call despite demands to do so from Congress.

[Vice]

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