Acting DNI blows past Intel Committee deadline to turn over whistleblower complaint

By Olivia Gazis

/ CBS News

9/15: Face the Nation

The acting director of national intelligence, Joseph Maguire, did not meet the deadline set by the House Intelligence Committee to turn over materials that the committee chairman subpoenaed on Friday — the substance of a whistleblower complaint and relevant correspondence with the White House.

Chairman Adam Schiff said Tuesday he now expects Maguire to appear in open session this Thursday, "under subpoena if necessary." Schiff believes Maguire is withholding the whistleblower complaint in order to protect an even higher-ranking official, possibly a top administration official or even President Trump.

However, it is unclear how a second subpoena would be more enforceable than the first.

Trending News

In a letter with the first subpoena, Schiff alleged Maguire was unlawfully withholding the whistleblower complaint from the committee by "improperly" citing the complaint's "confidential and potentially privileged communications" as its reason for withholding it. While Schiff said he couldn't divulge the contents of the complaint, DNI's citing of "privileged communications" means it would involve a "pretty narrow group of people."

FILE: Nominee for director of the National Counterterrorism Center, Joseph Maguire, looks on during his confirmation hearing before the Senate Intelligence Committee on Capitol Hill in Washington, DC, on July 25, 2018. Marcus Tappan / AFP/Getty Images

The complaint was originally sent by someone in the Intelligence Community to its inspector general (ICIG), who found the whistleblower complaint was both credible and of "urgent concern," Schiff said. And that is why Schiff has said the Committee must move quickly.

Maguire does not agree. He wrote to Schiff Tuesday and disagreed with his characterization of the complaint.

"The complaint forwarded to the ICIG does not meet the definition of "urgent concern," Jason Klitenic, Office of the Director of National Intelligence, counsel wrote to Schiff. "This complaint … concerned conduct by someone outside the Intelligence Community and did not relate to any 'intelligence activity' under the DNI's supervision … the law did not require that the DNI forward the complaint to the Intelligence Committees."

Klitenic also assured Schiff in his letter that the whistleblower would "not be subject to retaliation or adverse consequences" as a result of having filed a complaint with the ICIG.

Schiff said in a statement Tuesday that the acting DNI "will be required to come before the Committee to tell the public why he is not following the clear letter of the law, including whether the White House or the Attorney General are directing him" to withhold the whistleblower complaint from the committee.

That is also not going to happen, Klitenic informed Schiff.

"Given the pressing responsibilities to which the DNI is devoted this week, he is not available on such short notice," Klitenic's letter reads. "We also believe that a hearing would not be a productive exercise while the ODNI remains engaged in deliberations over the appropriate response."

At this point, neither the acting DNI nor Schiff has said anything more to reveal about the nature of the complaint or who the subject of the complaint is. But Schiff has some ideas. "I think it's fair to assume this involves either the president or people around him or both," Schiff told CBS News' "Face the Nation" Sunday.

First published on September 18, 2019 / 12:06 AM

© 2019 CBS Interactive Inc. All Rights Reserved.

US-POLITICS-HEARING-NOMINATION-INTELLIGENCE-espionage imelda-over-texas-today-2019-09-17.png

Houston prepares for heavy rain from Imelda

Imelda made landfall near Freeport, Texas, on Tuesday afternoon as a tropical storm, but has since been downgraded

1H ago imelda-over-texas-today-2019-09-17.png swim.jpg

American cancer survivor sets English Channel swimming record

Sarah Thomas, 37, survived breast cancer last year before swimming 130 miles — four times across the Channel — to set a record

5H ago swim.jpg 0917-en-isisifighter-williams.jpg

American inside Syrian prison says he was recruited to ISIS online

Inside a high-security prison in Syria, CBS News met a 22-year-old man from Minneapolis

5H ago 0917-en-isisifighter-williams.jpg US-POLITICS-DIPLOMACY-POMPEO

Pompeo heads to Saudi Arabia amid fallout from oil plant attack

The secretary of state has placed blame on Iran for the attack that knocked out part of the world's oil supply

6H ago US-POLITICS-DIPLOMACY-POMPEO Benjamin Netanyahu | Benny Gantz

Exit polls show rocky future for Netanyahu

The longest-serving leader in Israeli history was seeking a fourth consecutive term in office and fifth overall but faces stiff competition

7H ago Benjamin Netanyahu | Benny Gantz abortion issue

Abortion rate drops to lowest rate since Roe v. Wade

Experts say the drop is because of a declining pregnancy rate and laws targeting the operations of abortion providers.

14M ago abortion issue US-POLITICS-HEARING-NOMINATION-INTELLIGENCE-espionage

Acting spy chief blows past Schiff's deadline for materials

Intel chief Joseph Maguire informed House Intelligence Chair Adam Schiff that he won't turn over the whistleblower complaint and is defying Schiff's demand that he appear before the committee Thursday

15M ago US-POLITICS-HEARING-NOMINATION-INTELLIGENCE-espionage 20th Century Fox Television And NBC Present "This Is Us" FYC Event

Mandy Moore releases first original song in ten years

"It's been a bit of a winding road to get here but so worth it," she tweeted Tuesday

37M ago 20th Century Fox Television And NBC Present "This Is Us" FYC Event istock-480170594.jpg

Car crashes into Trump Plaza in Westchester, New York

New Rochelle police said it appeared to be an accident and there were no serious injuries

updated 43M ago istock-480170594.jpg my-post-55.png

Fashion brand faces backlash for school shooting-themed hoodies

"Under what scenario could somebody think this was a good idea?" wrote Fred Guttenberg, whose daughter Jaime was killed in the Stoneman Douglas massacre

2H ago my-post-55.png US-POLITICS-HEARING-NOMINATION-INTELLIGENCE-espionage

Acting spy chief blows past Schiff's deadline for materials

Intel chief Joseph Maguire informed House Intelligence Chair Adam Schiff that he won't turn over the whistleblower complaint and is defying Schiff's demand that he appear before the committee Thursday

15M ago US-POLITICS-HEARING-NOMINATION-INTELLIGENCE-espionage Congress Russia Probe

Lewandowski uses congressional testimony to praise Trump

The former Trump campaign manager and possible Senate contender was testifying about his appearance in the Mueller report

4H ago Congress Russia Probe trail-markers-newsletter-620x254-v2.jpg

2020 Daily Trail Markers: Gabbard says Trump wants war with Iran

"As a soldier, I can tell you this is despicable and a disgrace," Gabbard told a crowd of about 25 people in Indianola, Iowa

1H ago trail-markers-newsletter-620x254-v2.jpg MEXICO-US-BORDER

U.S.-Mexico border wall: What it really looks like

You've heard a lot of talk about the wall. Here's what it's really like.

6H ago 45 photos MEXICO-US-BORDER US-POLITICS-DIPLOMACY-POMPEO

Pompeo heads to Saudi Arabia amid fallout from oil plant attack

The secretary of state has placed blame on Iran for the attack that knocked out part of the world's oil supply

6H ago US-POLITICS-DIPLOMACY-POMPEO 20th Century Fox Television And NBC Present "This Is Us" FYC Event

Mandy Moore releases first original song in ten years

"It's been a bit of a winding road to get here but so worth it," she tweeted Tuesday

37M ago 20th Century Fox Television And NBC Present "This Is Us" FYC Event saved-by-the-bell.jpg

"Saved by the Bell" reboot in the works for new streaming service

Jessie Spano and A.C. Slater are back!

7H ago saved-by-the-bell.jpg Cokie Roberts

Cokie Roberts, veteran political reporter, has died at age 75

Cokie Roberts was a longtime political reporter and analyst at ABC News and NPR

5H ago Cokie Roberts 640_alex_trebek_125682855.jpg

Alex Trebek back to chemotherapy after "numbers went sky high"

Trebek said he lost 12 pounds in one week and that at times his treatment left him in "excruciating pain" and depressed

3H ago 640_alex_trebek_125682855.jpg ba1019cover01.jpg

Bon Appétit reveals list of the country's 10 best new restaurants

Including a noodle shop in Dallas and a taco restaurant in Portland

15H ago ba1019cover01.jpg Facebook logo

Facebook to train AI systems using police videos

Social media company is moving to crack down on extremist material on its platform, including real violence

8H ago Facebook logo US-real estate-economy-computers-trend

Despite hot year for IPOs, WeWork's stock sale delayed

The money-losing co-working company is pushing back its IPO amid a frosty reception over its valuation and business model

11H ago US-real estate-economy-computers-trend Koehler Urges Higher Gas Prices

"Dark web" hackers could target gas pumps

The burgeoning "Internet of Things" connects consumers to the web through everyday devices — where hackers lurk

Sep 13 Koehler Urges Higher Gas Prices US-LIFESTYLE-WORKING

California's "Uber law" to affect far more than Uber

Proposed law could change the working lives of truckers, house cleaners, janitors and even freelance writers

Sep 13 US-LIFESTYLE-WORKING Apple iPhone 11

Apple reveals updated iPhones, watch and Apple TV series

The company's annual product event comes as it's selling fewer and fewer iPhones

Sep 10 Apple iPhone 11 cbsn-fusion-vaping-e-cigarettes-ny-governor-andrew-cuomo-seeks-ban-teenagers-2019-09-15-thumbnail-345259-640x360.jpg

New York bans flavored e-cigarettes after 7th death nationwide

Governor Andrew Cuomo, a Democrat, had proposed the emergency ban Sunday, citing surging use among young people

2H ago cbsn-fusion-vaping-e-cigarettes-ny-governor-andrew-cuomo-seeks-ban-teenagers-2019-09-15-thumbnail-345259-640x360.jpg cbsn-fusion-climate-change-a-critical-issue-for-2020-campaigns-thumbnail-1927315-640x360.jpg

Climate change front and center as U.N. gathers for annual summit

An initiative sparked by a young climate activist will steal a lot of limelight, but crises in the Mideast, Asia and even the U.K. will also come to the fore in New York

5H ago cbsn-fusion-climate-change-a-critical-issue-for-2020-campaigns-thumbnail-1927315-640x360.jpg a47-vigliotti-the-blob-transfer-frame-3758.jpg

Pacific Ocean "blob" harming marine life

Rising temperatures are causing coral reefs to crumble and another blob could decimate the shellfish industry

Sep 16 a47-vigliotti-the-blob-transfer-frame-3758.jpg TOPSHOT-INDIA-ECONOMY-ENVIRONMENT

Climate change will be an issue for most voters in 2020 — CBS News poll

But compared to other issues, Democrats rate the climate change issue more importantly than Republicans do

Sep 16 TOPSHOT-INDIA-ECONOMY-ENVIRONMENT patta-climate-arctic-ice-mission-frame-2660.jpg

Scientists brave the Arctic to study climate change

The scientists are hoping the expedition will raise our understanding of climate change to a new level

Sep 16 patta-climate-arctic-ice-mission-frame-2660.jpg abortion issue

Abortion rate drops to lowest rate since Roe v. Wade

Experts say the drop is because of a declining pregnancy rate and laws targeting the operations of abortion providers.

14M ago abortion issue Purdue Pharma

Purdue Pharma to stay in business as it pursues bankruptcy protection

Lawyers for the pharmaceutical company secured permission to maintain business as usual — paying employees and vendors, supplying pills to distributors and keeping current on taxes and insurance

3H ago Purdue Pharma cbsn-fusion-vaping-e-cigarettes-ny-governor-andrew-cuomo-seeks-ban-teenagers-2019-09-15-thumbnail-345259-640x360.jpg

New York bans flavored e-cigarettes after 7th death nationwide

Governor Andrew Cuomo, a Democrat, had proposed the emergency ban Sunday, citing surging use among young people

2H ago cbsn-fusion-vaping-e-cigarettes-ny-governor-andrew-cuomo-seeks-ban-teenagers-2019-09-15-thumbnail-345259-640x360.jpg smoggy city

"Like a sunburn on your lungs": How does the climate crisis impact health?

Children, pregnant people and the elderly are the most at risk from extreme weather and heat – but the impact is already felt across every specialty of medicine

10H ago smoggy city istock-000021256287-medium.jpg

Hospitals are some of America's toughest debt collectors

"How am I ever going to pay off $164,000?" asks one patient who lost her home after a hospital sued for unpaid bills

11H ago istock-000021256287-medium.jpg my-post-55.png

Fashion brand faces backlash for school shooting-themed hoodies

"Under what scenario could somebody think this was a good idea?" wrote Fred Guttenberg, whose daughter Jaime was killed in the Stoneman Douglas massacre

2H ago my-post-55.png Purdue Pharma

Purdue Pharma to stay in business as it pursues bankruptcy protection

Lawyers for the pharmaceutical company secured permission to maintain business as usual — paying employees and vendors, supplying pills to distributors and keeping current on taxes and insurance

3H ago Purdue Pharma oliver-payroll-bulk-ca-rem55-frame-119763.jpg

Small business owners scrambling after MyPayrollHR closure

Hometown Diner owner Bonnie Rosengrant was shocked when she learned none of her employees had been paid

5H ago oliver-payroll-bulk-ca-rem55-frame-119763.jpg United Auto Workers Begin Largest National Strike Since 1982

GM and UAW contract talks reported to show progress

A UAW spokesman said the two sides are trudging forward, though sticking points like health care remain

5H ago United Auto Workers Begin Largest National Strike Since 1982 Facebook logo

Facebook to train AI systems using police videos

Social media company is moving to crack down on extremist material on its platform, including real violence

8H ago Facebook logo moriarty-borden-podcast.jpg

"Lizzie Borden took an ax …" but the ending is not what you think

In her new podcast "My Life of Crime," "48 Hours" correspondent Erin Moriarty reexamines of one of the most famous and sensational murder cases of all time

4H ago moriarty-borden-podcast.jpg granville-sheriff.jpg

Sheriff indicted over alleged plot to kill deputy

Deputy planned to release recording of Granville County Sheriff Brindell Wilkins' offensive comments, the indictment says

6H ago granville-sheriff.jpg Kalashnikovs AK-74

Woman allegedly threatened to "shoot 400 people for fun"

Sheriff said the woman bought an AK-47 last week from a local gun shop with five extra high capacity magazines and 160 rounds of ammunition

7H ago Kalashnikovs AK-74 lifeofcrime-poscast-1920.jpg

"48 Hours" podcast: "My Life of Crime" with Erin Moriarty

A new true-crime podcast for fans of "48 Hours"

8H ago lifeofcrime-poscast-1920.jpg University of California Los Angeles — UCLA

Another parent charged in college admissions cheating scandal

Authorities say the woman was arrested in Spain and is accused of paying money to get her son into the University of California, Los Angeles

8H ago University of California Los Angeles — UCLA brad-pitt.jpg

Brad Pitt asks NASA astronaut: Who was better — me or Clooney?

Pitt plays an astronaut in his newest film, "Ad Astra", which will be released nationwide Friday

Sep 16 brad-pitt.jpg Harvest Moon

Friday the 13th to get full Harvest Moon

Lucky us – the rare occurrence hasn't happened in 19 years

Sep 13 Harvest Moon 091019-fire1.jpg

Fire delays rocket launch to the International Space Station

It's not yet known when the HTV-8 cargo ship will be launched to the International Space Station

Sep 10 091019-fire1.jpg cbsn-fusion-india-loses-communication-with-lunar-lander-thumbnail-1928725-640x360.jpg

India fails to land on the moon

India hoped to become the fourth nation to soft-land on the moon with their Chandrayaan-2 space mission. But their space agency, ISRO, lost communication with their lander just before the mission was complete. CBS News Space Consultant Bill Harwood joins CBSN to discuss the apparent failure.

Sep 12 05:43 cbsn-fusion-india-loses-communication-with-lunar-lander-thumbnail-1928725-640x360.jpg 090619-landing2.jpg

Indian spacecraft apparently crashes in moon landing attempt

India seeks to join the U.S., Russia and China as the only countries to successfully land a spacecraft on the moon

Sep 6 090619-landing2.jpg MEXICO-US-BORDER

U.S.-Mexico border wall: What it really looks like

You've heard a lot of talk about the wall. Here's what it's really like.

6H ago 45 photos MEXICO-US-BORDER robert-frank-the-americans-trolley-new-orleans-1955-nga-promo-660.jpg

Photographer Robert Frank 1924-2019

A look back at the work of one of the most influential of photographers who created intimate, moody portraits of an America struggling to define itself in a post-war world

Sep 10 19 photos robert-frank-the-americans-trolley-new-orleans-1955-nga-promo-660.jpg Damage at the Abaco Beach Resort during the eye of  Hurricane Dorian in Marsh Harbour

Photos: Hurricane Dorian's devastation

"Everything's gone! Everything!" one woman said after Dorian slammed into the Bahamas

Sep 6 42 photos Damage at the Abaco Beach Resort during the eye of  Hurricane Dorian in Marsh Harbour raiders.jpg

The most valuable NFL teams in 2019, ranked

Thanks to some pricey TV deals, a relocation, and brand-new stadiums, the NFL has never been more valuable.

Sep 5 40 photos raiders.jpg Washington Redskins v New England Patriots

Highest-paid NFL players in 2019, ranked

These are the NFL superstars who earn the most cash this season

Aug 29 50 photos Washington Redskins v New England Patriots 0917-dailytrail-demsrallyinphilly-gat-1935643-640x360.jpg

Popular

Daily Trail Markers: Democrats on union issues

Democratic presidential hopefuls rallied union members in Philadelphia on Tuesday, as they try to take back the battleground state of Pennsylvania in 2020. CBS News political unit associate producer Sarah Ewall-Wice reports.

1H ago 03:03 0917-dailytrail-demsrallyinphilly-gat-1935643-640x360.jpg 0917-dailytrail-homelesscrisis-fzw-1935639-640x360.jpg

Daily Trail Markers: O'Rourke discusses L.A.'s homeless

Former Congressman Beto O'Rourke visited Los Angeles on Tuesday to learn about the city's homelessness crisis. CBS News 2020 campaign reporter Tim Perry joins CBSN to discuss O'Rourke's focus on the issue.

1H ago 04:24 0917-dailytrail-homelesscrisis-fzw-1935639-640x360.jpg master-drinking-1920x1080-1927508-640x360.jpg

Drinking culture and American kids

On America's college campuses, there are epidemics we talk about and those we don't. When sexual assaults or fraternity hazing deaths make headlines, court cases follow and new rules are enacted, but less attention is paid to an underlying issue – binge drinking culture. CBSN Originals explores how drinking to excess is not only considered normal, but cool, and how for many young people "blacking out" is less a rarity than an every weekend occurrence – with grave consequences.

Sep 5 23:34 master-drinking-1920x1080-1927508-640x360.jpg 0917-cbsn-israelpolls-1935575-640x360.jpg

Israel election too close to call

Israelis went to the polls on Tuesday for the second time in five months. Prime Minister Benjamin Netanyahu failed to create a governing coalition in April and elections were held again. i24 News' Dan Raviv joins CBSN's Elaine Quijano for what the implications of this election means for Israel and the United States.

1H ago 07:44 0917-cbsn-israelpolls-1935575-640x360.jpg 0917-cbsn-coreylewandowski-impeachment-1935558-640x360.jpg

Corey Lewandowski launches possible senate campaign site

Former Trump campaign manager Corey Lewandowski testified before the House Judiciary Committee. While he was grilled by lawmakers, Lewandowski posted a possible campaign website as he considers a Senate run in 2020. CBS News' Nancy Cordes and CBSN political contributor Michael Graham joined CBSN to discuss Lewandowski's future.

2H ago 07:27 0917-cbsn-coreylewandowski-impeachment-1935558-640x360.jpg

LEAVE A REPLY

Please enter your comment!
Please enter your name here