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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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Republican Congressman Proposes Bill to Ban Anyone Under 16 From Social Media

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The proposal comes amid a growing push for social media companies to be stringently regulated for child and adolescent use.


The Social Media Child Protection Act

Rep. Chris Stewart (R-Ut.) introduced legislation Thursday that would ban all Americans under the age of 16 from accessing social media.

The proposal, dubbed the Social Media Child Protection Act, would require social media companies to verify users’ ages and give parents and states the ability to bring legal actions against those platforms if they fail, according to a press release.

The legislation would also mandate that social media platforms implement “reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from users and perspective users.”

The Federal Trade Commission (FTC) would be given the authority to enforce these regulations and implement fines for violations.

Stewart has argued that the move is necessary to protect children from the negative mental health impacts of social media.

“There has never been a generation this depressed, anxious, and suicidal – it’s our responsibility to protect them from the root cause: social media,”  he said in a statement announcing the bill.

“We have countless protections for our children in the physical world – we require car seats and seat belts; we have fences around pools; we have a minimum drinking age of 21; and we have a minimum driving age of 16,” the Congressman continued. 

“The damage to Generation Z from social media is undeniable – so why are there no protections in the digital world?”

While Stewart’s arguments are nothing new in the ongoing battle around children and regulating social media, his legislation has been described as one of the most severe proposals on this front.

The plan would represent a huge shift in verification systems that critics have long said fall short. Many social media sites like TikTok and Twitter technically ban users under 13 from joining, but there is no formal verification process or mechanisms for enforcement. Companies often just ask users to provide their birthdays, so those under 13 could easily just lie.

Backlash and Support

Stewart — who spent the weeks before the rollout of his bill discussing the matter with the media — has already gotten pushback from many who say the idea is too extreme and a bad approach.

Carl Szabo, the vice president and general counsel of the social media trade group NetChoice, told The Washington Post that such a decision should be left to parents.

“Rather than doomsaying or trying to get between parents and their families, the government should provide tools and education on how best to use this new technology, not demonize it,” he said.

Others have also argued that the move could cut off access to powerful and positive online resources for kids.

“For many kids, especially LGBTQ young people who may have unsupportive parents or live in a conservative area, the internet and social media are a lifeline,” Evan Greer, the director of the advocacy group Fight for the Future, told The Post. “We need better solutions than just cutting kids off from online community and educational resources.”

Lawmakers have also echoed that point, including Rep. Ro Khanna (D-Ca.), who represents Silicon Valley. However, there also seems to be support for this measure. At least one Democratic Congressmember has told reporters they are open to the idea, and Stewart says he thinks the proposal will have broad bipartisan backing.

“This is bipartisan… There’s Democratic leaders who are actually maneuvering to be the lead co-sponsor on this,”  he told KSL News Radio, adding that President Joe Biden recently wrote an op-ed for The Wall Street Journal that referenced similar ideas.

A Growing Movement

Stewart is just one among the growing number of lawmakers and federal officials who have voiced support for keeping kids and younger teens off social media altogether.

In an interview with CNN Sunday, U.S. Surgeon General Vivek Murthy expressed concern regarding  “the right age for a child to start using social media.”

“I worry that right now, if you look at the guidelines from the platforms, that age 13 is when kids are technically allowed to use social media,” he said. “But there are two concerns I have about that. One is: I, personally, based on the data I’ve seen, believe that 13 is too early.” 

Murthy went on to say that adolescents at that age are developing their identity and sense of self, arguing that social media can be a “skewed and often distorted environment,” adding that he is also worried about the fact that the rules around age are “inconsistently implemented.”

His comments gained widespread backing. At least one Senator posted a tweet agreeing, and an FTC Commissioner also shared the remarks on the platform. Stewart, for his part, explicitly cited Murthy’s remarks in the press release announcing his bill. 

See what others are saying: (The Washington Post) (KSL News Radio) (CNN)

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Feds Investigate Classified Files Found in Biden’s Former Office

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The documents reportedly include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom


What Was in the Files?

President Biden’s legal team discovered about 10 classified files in his former office at the Penn Biden Center for Diplomacy and Global Engagement in Washington D.C., the White House revealed Monday.

The Department of Justice has concluded an initial inquiry into the matter and will determine whether to open a criminal investigation.

According to a source familiar with the matter who spoke to CNN, they include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom.

A source also told CBS News the batch did not contain nuclear secrets and had been contained in a folder in a box with other unclassified papers.

The documents are reportedly from Biden’s time as vice president, but it remains unclear what level of classification they are and how they ended up in his office.

Biden kept an office in the. Penn Biden Center, a think tank about a mile from the White House, between 2017 and 2020, when he was elected president.

On Nov. 2, his lawyers claim, they discovered the documents as they were clearing out the space to vacate it.

They immediately notified the National Archives, which retrieved the files the next morning, according to the White House.

What Happens Next?

Attorney General Merrick Garland must decide whether to open a criminal investigation into Biden’s alleged mishandling of the documents. To that end, he appointed John Lausch Jr., the U.S. attorney in Chicago and a Trump appointee, to conduct an initial inquiry.

Garland reportedly picked him for the role despite him being in a different jurisdiction to avoid appearing partial.

Lausch has reportedly finished the initial part of his inquiry and provided a preliminary report to Garland.

If a criminal investigation is opened, Garland will likely appoint an independent special counsel to lead it.

The case mirrors a similar DoJ special counsel investigation into former President Donald Trump’s alleged mishandling of classified materials and obstruction of efforts to properly retrieve them.

On Nov. 18, Garland appointed Jack Smith to investigate over 300 classified documents found at Trump’s Florida residence, Mar-a-Lago.

Trump resisted multiple National Archives requests for the documents for months leading up to the FBI’s raid on his property, then handed over 15 boxes of files only for even more to be found still at Mar-a-Lago.

“When is the FBI going to raid the many houses of Joe Biden, perhaps even the White House?” Trump wrote on Truth Social Monday. “These documents were definitely not declassified.”

Rep. James Comer (R-KY), the new chairman of the House Oversight Committee, told reporters he will investigate the Biden files.

Republicans have been quick to pounce on the news and compare it to Trump’s classified files, but Democrats have pointed out differences in the small number of documents and Biden’s willingness to cooperate with the National Archives.

The White House has yet to explain why, if the files were first discovered six days before the midterm elections, the White House waited two months to reveal the news to the public.

See what others are saying: (CNN) (The New York Times) (BBC)

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Lawmakers Propose Bill to Protect Fertility Treatments Amid Post-Roe Threats

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The move comes as a number of states are considering anti-abortion bills that could threaten or ban fertility treatments by redefining embryos or fetuses as “unborn human beings” without exceptions for IVF.


The Right To Build Families Act of 2022

A group of Democratic lawmakers introduced a bill Thursday that would codify the right to use assisted reproductive technologies like in-vitro fertility (IVF) treatments into federal law.

The legislation, dubbed the Right To Build Families Act of 2022, was brought forward by Sens. Tammy Duckworth (D-Il) and Patty Murray (D-Wa.) alongside Rep. Susan Wild (D- Pa.). The measure would bar any limits on seeking or receiving IVF treatments and prohibit regulations on a person’s ability to retain their “reproductive genetic materials.” 

The bill would also protect physicians who provide these reproductive services and allow the Justice Department to take civil action against any states that try to limit access to fertility treatments.

The lawmakers argue it is necessary to protect IVF because a number of states have been discussing and proposing legislation that could jeopardize or even ban access to the treatments in the wake of the Roe v. Wade reversal. 

“IVF advocates in this country today are publicly telling us, ‘We need this kind of legislation to be able to protect this,’” Murray told HuffPost. “And here we are after the Dobbs decision where states are enacting laws and we have [anti-abortion] advocates who are now starting to talk, especially behind closed doors, about stopping the right for women and men to have IVF procedures done.”

Fertility Treatments Under Treat

The state-level efforts in question are being proposed by Republican lawmakers who wish to further limit abortions by redefining when life begins. Some of the proposals would define embryos or fetuses as “unborn human beings” without exceptions for those that are created through IVF, where an egg is fertilized by a sperm outside the body and then implanted in a uterus.

For example, a bill has already been pre-filed in Virginia for the 2023 legislative session that explicitly says life begins at fertilization and does not have any specific language that exempts embryos made through IVF.

Experts say these kinds of laws are concerning for a number of reasons. In the IVF process, it is typical to fertilize multiple eggs, but some are discarded. If a person becomes pregnant and does not want to keep the rest of their eggs. It is also normal that not all fertilized eggs will be viable, so physicians will get rid of those.

Sometimes doctors will also implant multiple fertilized eggs to increase the likelihood of pregnancy, but that can result in multiple eggs being fertilized. In order to prevent having multiple babies at once and improve the chance of a healthy pregnancy, people can get a fetal reduction and lower the number of fetuses.

All of those actions could become illegal under proposals that do not provide exemptions. 

“In my case, I had five fertilized eggs, and we discarded three because they were not viable. That is now potentially manslaughter in some of these states,” said Duckworth, who had both of her daughters using IVF.

“I also have a fertilized egg that’s frozen. My husband and I haven’t decided what we will do with it, but the head of the Texas Right to Life organization that wrote the bounty law for Texas has come out and specifically said he’s going after IVF next, and he wants control of the embryos,” Duckworth added.

In a hearing after Roe was overturned, Murray also raised concerns about “whether parents and providers could be punished if an embryo doesn’t survive being thawed for implantation, or for disposing unused embryos.”

Experts have said that even if anti-abortion laws defining when life begins do provide exceptions, it would be contradictory and confusing, so providers would likely err on the side of caution and not provide services out of fear of prosecution.

“[Abortion bans] are forcing women to stay pregnant against their will and are, at the very same time, threatening Americans’ ability to build a family through services like IVF,” Murray said in a statement to Axios. “It’s hard to comprehend, and it’s just plain wrong.”

The federal legislation to combat these efforts faces an uphill battle. It is unlikely it will be passed in the last few days of lame duck session, and with control of Congress being handed to Republicans come January, movement in the lower chamber will be hard fought.

Duckworth, however, told Axios that she will keep introducing the legislation “until we can get it passed.” 

See what others are saying: (Axios) (HuffPost) (USA Today)

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