Case 1 19-cv-01333-ABJ Document 16-4 Filed 10 01 19 Page 1 of 4 EXHIBIT D Plaintiffs' Motion for a Temporary Restraining Order Case 1 19-cv-01333-ABJ Document 16-4 Filed 10 01 19 Page 2 of 4 UNCLASSIFlED FOUO INSPECTOR GENERAL OF THE INTELLIGENCE COMM UNITY WASHINGTON D C 20511 September 9 20 19 VIA ELECTRONIC TRANSMISSION The Honorable Adam Schiff Chairman Permanent Select Committee on Intelligence U S House of Representatives Washington D C 20515 The Honorable Devin Nunes Ranking Member Permanent Select Committee on Intelligence U S House of Representatives Washington D C 20515 Dear Chairman Schiff and Ranking Member Nunes U FOUO On August 12 2019 the Office of the nspector General of the Intelligence Community ICIG received a disclosure from an individual hereinafter the Complainant regarding an alleged urgent concern pursuant to 50 U S C 3033 k 5 A 1 The term urgent concern is defined in relevant part as U A serious or flagrant problem abuse violation of the law or Executive order or deficiency relating to the funding administration or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information but does not include differences of opinions concerning public policy matters 2 1 U 50 U S C 3033 k 5 A provides that an employee of an element of the intelligence community an employee assigned or detailed to an e lement of the intelligence community or an employee of a contractor to the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such compl aint or info rmation to the ICIG 2 U 50 U S C 3033 k 5 G i UNCLASSIFlED FOUO Case 1 19-cv-01333-ABJ Document 16-4 Filed 10 01 19 Page 3 of 4 UNCLASSIFIED FOUO U FOUO After receiving the Complainant's disclosure the ICIG was required within 14 calendar days to determine whether the information alleged by the Complainant with respect to an urgent concern appeared credible 3 During that 14-day time period the ICIG conducted a preliminary review of the disclosure As a result of that preliminary review I determined that the Complainant's disclosure met the definition of an urgent concern i e a serious or flagrant problem abuse violation of the law or Executive order or deficiency relating to the funding administration or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information 4 I also determined that there were reasonable grounds to believe that information relating to the urgent concern appeared credible 5 U FOUO On August 26 2019 I forwarded the Complainant's disclosure and accompanying materials along with my determination that the Complainant's information appeared credible to the Acting Director of National Intelligence Acting DNI Pursuant to the urgent concern statute upon receipt of the ICIG's transmittal the Acting DNl within seven calendar days is required to forward such transmittal to the congressional intelligence committees along with any comments he considers appropriate 6 U FOUO It is my understanding that the Acting DNI has determined that he is not required to transmit my determination of a credible urgent concern or any of the Complainant's information to the congressional intelligence committees because the allegations do not meet the definition of an urgent concern under the statute and has not made the transmission as of today's date Although I believe and appreciate that the Acting DNI is acting in good faith the Acting DNI's treatment of the Complainant's alleged urgent concern does not appear to be consistent with past practice As you know the ICIG has on occasion in the past determined that for a variety of reasons disclosures submitted to the ICIG under the urgent concern statute did not constitute an urgent concern In those cases even though the ICIG determined that those disclosures did not meet the definition of an urgent concern the DNI nevertheless provided direction to the ICIG to transmit the ICIG's determination and the complainants' information to the congressional intelligence committees In each of those cases the ICIG followed the DNI's direction and transmitted the ICIG's determination along with the complainants' information to the congressional intelligence committees That past practice permitted complainants in the Intelligence Community to contact the congressional intelligence committees directly in an authorized and protected manner as intended by the urgent concern statute U FOUO I am continuing my efforts to obtain direction from the Acting DNI regarding how the Complainant may bring the Complainant's concerns to the congressional intelligence 3 U Id at 3033 k 5 B 4 U Id at 3033 k 5 G i 5 U Id at 3033 k 5 B U Id at 3033 k 5 C UNCLASSJFIBD FOUO 2 Case 1 19-cv-01333-ABJ Document 16-4 Filed 10 01 19 Page 4 of 4 UNCLASSIFIED FOUO committees in an authorized and protected manner and in accordance with appropriate security practices 7 I intend to reach back out to you in the near future to discuss my attempts to resolve outstanding issues relating to this matter U Please contact me if you have any questions Sincerely yours Inspector General of the Intelligence Community cc 7 The Honorable Joseph Maguire Director of National Intelligence Acting U Id at 3033 k 5 D ii UNCLASSIFIED FOUO 3 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu