The Morning Call

Intel complaint centers on Ukraine

Sources: Allegation cites Trump promise to a foreign leader

- By Ellen Nakashima, Shane Harris, Greg Miller and Carol D. Leonnig

WASHINGTON — A whistleblo­wer complaint about President Donald Trump made by an intelligen­ce official centers on Ukraine, according to two people familiar with the matter, which has set off a struggle between Congress and the executive branch.

The complaint involved communicat­ions with a foreign leader and a “promise” that Trump made, which was so alarming that a U.S. intelligen­ce official who had worked at the White House went to the inspector general of the intelligen­ce community, two former U.S. officials said

Two and a half weeks before the complaint was filed, Trump spoke with Ukrainian President Volodymyr Zelensky, a comedian and political newcomer who was elected in a landslide in May.

That call is already under investigat­ion by House Democrats who are examining whether Trump and his attorney Rudy Giuliani sought to manipulate the Ukrainian government into helping Trump’s reelection campaign. Lawmakers have demanded a full transcript and a list of participan­ts on the call.

A White House spokesman declined to comment.

The Democrats’ investigat­ion was launched earlier this month, before revelation­s that a U.S. intelligen­ce official, who previously worked in the White House, had lodged a complaint with the inspector general for the intelligen­ce community. The Washington Post first reported Wednesday that the complaint had to do with a “promise” that Trump made when communicat­ing with a foreign leader.

On Thursday, the inspector general testified behind closed doors to members of the House intelligen­ce committee about the whistleblo­wer’s complaint.

Over the course of three hours, Michael Atkinson repeatedly declined to discuss with members the content of the complaint, saying he was not authorized to do so.

He and the members spent much of their time discussing the process Atkinson followed, the statute governing his investigat­ion of the complaint and the nature of an “urgent concern” that he believed it represente­d, according to a person familiar with the briefing, who, like others, spoke on condition of anonymity.

“He was being excruciati­ngly careful about the language he used,” the person said.

Atkinson made clear that he disagreed with a lawyer for the Office of the Director of National Intelligen­ce, who had contradict­ed the inspector general and found that the whistleblo­wer complaint did not meet the statutory definition of an urgent concern because it involved a matter not under the DNI’s jurisdicti­on.

Atkinson told lawmakers he disagreed with the lawyer’s analysis — meaning he felt the matter was under the DNI’s purview — and also that it was urgent “in the common understand­ing of the word,” the person said.

Following the meeting, House intelligen­ce committee Chairman Adam Schiff, D-Calif., warned of possible legal action if intelligen­ce officials did not share the whistleblo­wer complaint.

Schiff called acting Director of National Intelligen­ce Joseph Maguire’s refusal to share the complaint with Congress as “unpreceden­ted” and said he understood the Justice Department was involved in that decision.

Someone, Schiff said, “is trying to manipulate the system to keep informatio­n about an urgent matter from the Congress.”

Trump has denied doing anything improper.

In a tweet Thursday, Trump wrote, “Virtually anytime I speak on the phone to a foreign leader, I understand that there may be many people listening from various U.S. agencies, not to mention those from the other country itself.”

“Knowing all of this, is anybody dumb enough to believe that I would say something inappropri­ate with a foreign leader while on such a potentiall­y ‘heavily populated’ call,” he wrote.

In a Sept. 17 letter to intelligen­ce committee leaders, Atkinson wrote that he and Maguire “are at an impasse” over how the whistleblo­wer could contact the congressio­nal committees. Ordinarily, a matter of urgent concern that the inspector general deems credible is supposed to be forwarded to the intelligen­ce oversight panels in the House and Senate.

But Maguire prevented Atkinson from doing so, according to correspond­ence that has been made public. Atkinson wrote that he had requested permission from Maguire to inform the congressio­nal intelligen­ce committees about the general subject matter of the complaint, but was denied.

Maguire, Atkinson wrote, had consulted with the Justice Department, which determined that the law didn’t require disclosing the complaint to the committee because it didn’t involve a member of the intelligen­ce community or “an intelligen­ce activity under the DNI’s supervisio­n.”

Atkinson faulted the Justice Department’s conclusion “particular­ly … and the Acting DNI’s apparent agreement with the conclusion, that the disclosure in this case does not concern an intelligen­ce activity within the DNI’s authority.”

Maguire is scheduled to testify before the intelligen­ce committee next Thursday.

It remains unclear how the whistleblo­wer gained access to details of the president’s calls — whether through readouts generated by White House aides, or other means.

 ?? ALEX WONG/GETTY ?? U.S. Rep. Adam Schiff, head of the House intelligen­ce committee, threatens legal action over the whistleblo­wer complaint Thursday.
ALEX WONG/GETTY U.S. Rep. Adam Schiff, head of the House intelligen­ce committee, threatens legal action over the whistleblo­wer complaint Thursday.

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