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Acting DNI Testifies After Release of Whistleblower Complaint

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  • Acting Director of National Intelligence Joseph Maguire testified before Congress about his handling of the whistleblower complaint alleging Trump acted inappropriately on a call with the President of Ukraine.
  • The complaint was released to the public on the same day as Maguire’s testimony.
  • In it, the whistleblower wrote: “I have received information from multiple U.S. government officials that the President of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election.”
  • Among other things, the whistleblower complaint details the call between the two leaders, key events and meetings regarding the President and his administration both before and after the call, and alleged efforts by some in the administration to hide records of the call and other calls with foreign leaders.

Maguire Testifies

Acting Director of National Intelligence Joseph Maguire testified before the House Intelligence Committee Thursday following the release of the whistleblower complaint alleging that President Donald Trump pressured Ukranian President Volodymyr Zelensky to investigate Joe Biden.

Maguire’s testimony follows the public release of a memorandum detailing the call between Trump and Zelensky on Wednesday, which showed Trump asking Zelensky to look into Biden.

Maguire has received backlash over the way he handled the complaint, specifically because he did not turn it over to Congress as mandated under the law.

In his opening remarks, Maguire defended his handling of the complaint, including his decision to hold it as long as he did, noting that the whole situation was unprecedented. He also added that he was following the Whistleblower Act in his decision making.

Maguire said he believed the whistleblower was acting in good faith and added, “I think the whistleblower did the right thing. I think he followed the law every step of the way.” It’s also worth noting that Maquire does not know the identity of the whistleblower, and thus he would not know the whistleblower’s gender.

The testimony also comes as the whistleblower’s complaint was publicly released with minimal redactions earlier on Thursday morning. 

Here are some key excerpts from that complaint.

The Complaint

The whistleblower starts out with this passage:

“In the course of my official duties, I have received information from multiple U.S. government officials that the President of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election. This interference includes, among other things, pressuring a foreign country to investigate one of the President’s main domestic political rivals.”

They also note that Trump’s lawyer, Rudy Giuliani, and Attorney General William Barr are involved.

The whistleblower goes on to say that they had received this information “over the past four months” from “more than half a dozen U.S. officials.” 

Notably, they say that they were “not a direct witness to most of the events described,” but added, “I found my colleagues’ accounts of these events to be credible because, in almost all cases, multiple officials recounted fact patterns that were consistent with one another.”

This goes back to claims from Trump and others that the whistleblower was not a first-hand witness. Though to be clear, they are saying they did not witness most of the events, not all of them.

“I am deeply concerned that the actions described below constitute ‘a serious or flagrant problem, abuse, or violation of law or Executive Order,’” the complaint continues. “I am also concerned that these actions pose risks to U.S. national security and undermine the U.S. Government’s efforts to deter and counter foreign interference in U.S. elections.”

The whistleblower then outlines those actions through a series of different sections.

The 25 July Presidential Phone Call

The first section is titled “The 25 July Presidential phone call” and details the call between Trump and Zelensky.

The whistleblower says it was the first publicly acknowledged call between the leaders since a quick congratulatory call after Zelensky won his election. Trump on Wednesday acknowledged that he had an earlier call with Zelensky, and say he would release the transcript of that call if asked.

“Multiple White House officials with direct knowledge of the call informed me that, after an initial exchange of pleasantries, the President used the remainder of the call to advance his personal interests,” the whistleblower wrote regarding the July 25 call. “Namely, he sought to pressure the Ukranian leader to take actions to help the President’s 2020 reelection bid.”

They then go on to note the actions detailed in the memo for the call, adding, “The White House officials who told me this information were deeply disturbed by what had transpired in the phone call. They told me there was already a ‘discussion ongoing’ with White House lawyers about how to treat the call because of the likelihood, in the officials’ retelling, that they had witnessed the President abuse his office for personal gain.”

Efforts to Restrict Access to Records Related to the Call

The second section is called “Efforts to restrict access to records related to the call.”

“In the days following the phone call, I learned from multiple U.S. officials that senior White House officials had intervened to ‘lock down’ all records of the phone call, especially the official word-for-word transcript of the call that was produced — as is customary — by the White House Situation Room,” the whistleblower states. “This set of actions underscored to me that White House officials understood the gravity of what had transpired in the call.”

“White House officials told me that they were ‘directed’ by White House lawyers to remove the electronic transcript from the computer system in which such transcripts are typically stored,” they continued, elaborating that instead of storing it where it is normally stored, it was loaded into a separate electronic system “used to store and handle classified information of an especially sensitive nature.”

“One White House official described this act as an abuse of this electronic system because the call did not contain anything remotely sensitive from a national security perspective,” they note.

This was ‘not the first time’ under this Administration that a Presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive rather than national security sensitive information,” the whistleblower continues later.

Ongoing Concerns & Circumstances Leading Up to the 25 July Presidential Phone Call

The third and fourth sections of the complaint are titled “Ongoing concerns” and “Circumstances leading up to the 25 July Presidential phone call.”

In these sections, the whistleblower said that multiple officials told them that Giuliani had: “Reportedly privately reached out to a variety of other Zelenskyy advisers.”

Later, the whistleblower adds that even before the call, starting in mid-May, officials told them “That they were deeply concerned by what they viewed as Mr. Giuliani’s circumvention of national security decisionmaking processes to engage with Ukranian officials and relay messages back and forth between Kyiv and the President.”

They also talk about efforts made after the call by two ambassadors who “reportedly provided advice to the Ukrainian leadership about how to ‘navigate’ the demands that the President had made of Mr. Zelenskyy.”

They go on to say that officials told them that State Department officials, including the same two ambassadors “had spoken with Mr. Giuliani in an attempt to ‘contain the damage’ to U.S. national security”

Notably, the whistleblower says: “During this same time frame, multiple U.S. officials told me that the Ukrainian leadership was led to believe that a meeting or phone call between the President and President Zelenskyy would depend on whether Zelenskyy showed willingness to ‘play ball’ on the issues that had been publicly aired” by the former Ukraine prosecutor general and Giuliani.

They noted that information was conveyed to them by U.S. officials, but that they do not know “who delivered this message to the Ukranian leadership, or when.”

The whistleblower elaborates on that in an appendix, where they say that U.S. officials told them that Trump instructed Vice President Mike Pence to cancel his trip to attend Zelensky’s inauguration on May 20, and instead sent Energy Secretary Rick Perry.

“According to these officials, it was also ‘made clear’ to them that the President did not want to meet with Mr. Zelenskyy until he saw how Zelenskyy ‘chose to act’ in office,” they added.

Here, the whistleblower again notes that they do not know how that was communicated or by whom, and also that they do not know if that action was directly “connected with the broader understanding” that a meeting or call between Trump and Zelensky would “depend on whether Zelensky showed willingness to ‘play ball.’”

The last thing the whistleblower includes in the complaint is about aid to Ukraine. They write that on July 18, an official from the Office of Management and Budget (OMB) informed other departments and agencies “That the President ‘earlier that month’ had issued instructions to suspend all U.S. security assistance to Ukraine.”

They say that neither OMB nor the National Security Council staff knew why Trump had made that decision, but add that OMB officials had explicitly said that the order came directly from the president. 

“As of early August, I heard from U.S. officials that some Ukranian officials were aware that U.S. aid might be in jeopardy,” the complaint continues. “But I do not know how or when they learned of it.”

Quid Pro Quo Debate & Pentagon Letter

The last few excerpts about Zelensky being willing to “play ball” and about Trump putting a hold on the military aid will likely shift the debate about whether or not there was implicit pressure for a quid pro quo.

Trump did not outright say “look into Biden and I’ll give you something in return,” but some have argued that Trump was holding back nearly $400 million in military and security aid as leverage over Zelensky.

Trump for his part has said that he decided to hold back the aid because he was concerned about corruption in Ukraine.

However, on Wednesday evening, NPR obtained a letter from the Pentagon sent to four congressional committees back in May that appears to contradict that claim.

In the letter, Undersecretary of Defense for Policy John Rood wrote that he, “certified that the Government of Ukraine has taken substantial actions to make defense institutional reforms for the purposes of decreasing corruption [and] increasing accountability.”

As NPR explains, that certification is required under the law for that aid to be released to Ukraine. Basically, the undersecretary said in his letter he had certified that Ukraine had met its corruption reduction goals and that the aid was good to go.

After that, the Defense Department announced it would be sending the aid to Ukraine back in June. The White House then blocked that aid before Trump’s call with Zelensky in July.

That aid was released to Ukraine on Sept. 11 after Congress learned the aid was being withheld and demanded it be given to Ukraine. That demand came right around the time Congress was first informed about the whistleblower complaint.

See what others are saying: (The Washington Post) (NPR) (CNN)

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Mississippi Asks Supreme Court To Overturn Roe v. Wade

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The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.


Mississippi’s Abortion Case

Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.

After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.

Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.

If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.

When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”

Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.

As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.

When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”

But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.

New Filing Takes Aim at Roe

With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.

“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.

“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers. 

“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”

The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.

“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”

The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.

An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.

See what others are saying:  (The New York Times) (The Washington Post) (Politico)

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Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks

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The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.


Pelosi Vetoes Republicans

Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.

In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”

Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden. 

A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.

The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.

In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”

Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.

McCarthy Threatens Separate Investigation

McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.

In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.” 

“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.

“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”

Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel. 

“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.

See what others are saying: (The Washington Post) (The New York Times) (CNBC)

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More Republican Are Pushing COVID Vaccinations, But the Party Remains Divided on Its Messaging

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The renewed effort to encourage vaccination comes as the surge in COVID cases caused by the delta variant continues to disproportionately impact Republican-led states with low vaccination rates.


GOP Leaders Ramps Up Vaccination Push

In recent days, more Republican leaders and prominent conservatives have ramped up efforts to encourage members of their party to get vaccinated against COVID-19 as the U.S. continues to see massive surges from the delta variant.

Some, like Senate Minority Leader Mitch McConnell (Ky.), have been pushing Americans to get vaccinated for months — a call he reiterated again on Tuesday. Many others, however, have been reticent to do the same until recently.

Most notable on that list is Rep. Steve Scalise (La.), the no. 2 Republican in House leadership, who just got his first dose over the weekend after resisting vaccination, claiming he had antibodies from previously contracting COVID. Scalise explained he changed his mind because of delta and encouraged others to do the same.

“There shouldn’t be any hesitancy over whether or not it’s safe and effective,” he said.

The top leader is set to continue pushing that advice. Earlier this week, the GOP Doctors Caucus announced that it would hold a news conference Thursday alongside Scalise and the third-ranking House Republican, Rep. Elise Stefanik (N.Y.), to encourage vaccination.

Rank and File Republicans Continue To Cast Doubt, Spread Misinformation

There are still plenty of Republicans working to undermine the renewed push to get their party vaccinated.

While many have painted vaccination as a matter of freedom of choice, others have sought to downplay the virus. Florida Gov. Ron DeSantis, whose state currently accounts for 40% of all new COVID cases, dismissed the spikes as the result of a “seasonal virus” on Monday.

Rep. Barry Loudermilk — who has had COVID twice — echoed that in a statement to reporters on Tuesday, where he argued that COVID is just something everyone has to live with.

“This is something we deal with in our lives on a daily basis; ever since I’ve been born, there’s sicknesses, there’s flu, there’s different diseases,” he said.

Some members of the GOP have used their positions of power to actively fight against vaccination. That includes Sen. Ron Johnson (Wi.), who has openly said he is not vaccinated. He has also been widely condemned for promoting unproven treatments and false information about vaccines during interviews and congressional hearings.

Rep. Marjorie Taylor Greene (Ga.), who has repeatedly refused to share her vaccination status, has also drawn ire for sharing misinformation and continually comparing COVID prevention efforts to the Holocaust.

Greene was temporarily suspended from Twitter earlier this week for sharing false information on Monday, but she continued to utilize her spotlight to spread misinformation about vaccine-related deaths and side effects during a press conference the following day.

Uphill Battle

While those who downplay the coronavirus and spread false information about vaccinations are certainly not representative of the entire Republican Party, they are some of the most visible.

Greene and many of her counterparts who push anti-vaccine narratives have frequently been accused of acting in inflammatory ways to get more press — a strategy that more often than not tends to work in their favor. 

As a result, Republicans who want to encourage people to get the jabs will have their work cut out for them. Even many of those who have not openly expressed skepticism themselves have still let it flourish in the party for so long by not publicly pushing back against claims from members who sow disinformation.

The GOP’s broader failure to unify around a singular message on vaccines shows clearly among the party’s base.

According to a recent Washington Post-ABC News, poll 86% of Democrats have received at least one shot, but just 45% of Republicans have done the same. While just 6% of Democrats say they are not likely to get the vaccine, 47% of Republicans said they probably will not, and 38% said they definitely will not. 

Meanwhile, Republican-led states with low vaccination rates are suffering the most from the new spike in cases and the rapid spread of the delta variant. 

Arkansas, which has one of the lowest vaccination rates in the country at just 35%, is currently reporting the highest per-capita cases in the U.S. Hospitalizations have gone up 85% in the state in the last two weeks, placing some hospital systems on the brink of collapse — a problem also faced by parts of Missouri, which has the third-highest COVID cases nationwide.

See what others are saying: (The Washington Post) (The New York Times) (The Hill)

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