DNI Ratcliffe providing Congress with written report re. election interference intel (etal.) not oral briefing
This is Bigger Than most have realized, could likely end a long standing method of the Shadow Gov using MSM as a intel, propaganda/dis-info/blackmail/'leverage agency and I will explain why
(anon theory here, many will understand and be able to answer many questions with this post as to why things are taking so long and why even with Declas rights of Potus given to Barr things remain hidden, why Shifty whistlblower committee cannot be forced to release classified docs that exonerate Potuss, re. Whitleblower scam, etc. )
1- Classified Docs are property of originating agency/dept./body, the original classfier decides level and has sole Rights to declas and/or disseminate.
2- The three Branches of Gov, Legislative, Exec, Judicial may have certain compulory obligation to share certain classified material with other branches, but not always, and mechanisms, CLAS levels exist where things can be hidden from others. State Secrets may be an example, one of many, SAPs can achieve the same shielding, CLAS is a hidden world in itself.
3- The originator of CLAS has right to declas, so Congress can leak away to the msm and whether it is a crime or not is questionable. Schifty can (arguably) legally not allow anyone else to see the classified testimony during the ukraine phone call hoax, but can leak to the msm (false) excerpts of it. Even if it exonerated Potus he has no legal obligation to disclose. But Potus countered by releasing the phone call which originated in the Exec branch.
4- When the DNI orally briefs Congress and answers questions of Nat.Security Events, currently election interference, the transcript and testimony becomes the property of congress, thus congress becomes the classifier and controller, and can leak it legally, since they are the orginator, and have a right to declas it. Leaking by a authorized originator is viewed as declas in a sense. Same rights as Potus has, he can reveal anything the Exec branch has classified with no prior notice, because he has right to declass.
5- So a loophole by precedent or other standard exists (which needs to be changed) that when people testify to Congress and reveal classified info, that info becomes Congress property and a Committee chair who has declas rights then controls it and can disseminate. The assumption perhaps is they can decide if it is for public good, and will act in good faith.
6- Congress can also request (or receive compulsory) material from other branches, for authorized uses, and can view, but it does not become the originator, and thus cannot declas, and thus must protect CLAS level of the orginator and cannot declas without consent of originator. Thus leaking this would contitute a crime against the originator.
7- So I think the play here with Ratcliffe is he will provide a Classified report to Congress, will not testify or give it orally, to avoid giving congress control over the material and a right to declas it. It will remain in control of the DNI and if leaked it will be a crime by congress against the Exec branch.
8- It will likely be challenged by Congress but probably be upheld, and definitely if a leak occurs with the new method, Exec has a far greater chance at holding Congress accountability than the old way. Potus could do little against the schifty leaks prior because schifty did have the right to declas, and therefore it would get into a vague battle of why he leaked and lied about certain things with a political slant, and most courts would view that as a question for voters, since th accusation was not whether he can or can't but why he did what he did, a question of ethics not law.
9- The new plan of submitting written reports and not granting rights to congress to declas, should change the game.