OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
OFFICE OF GENERAL COUNSEL
WASHINGTON, DC 20511

September 24, 2019

Andrew P. Bakaj

Managing Partner

Compass Rose Legal Group PLLC

1250 Connecticut Avenue, NW. Suite 700
Washington, DC 20036

Dear Mr. Bakaj,

I write in response to your letter of today to Acting Director of National Intelligence
Maguire. As detailed in my letters to Congress dated September 13, 2019 and September
17, 2019, we have determined, after consulting with the Department of Justice, that your client?s
disclosure to the Inspector General of the Intelligence Community on August 12, 2019
does not fall within the statutory de?nition of an ?urgent concern? set forth in 50 U.S.C. 
3033(k)(5).

Notwithstanding the inapplicability of the statue to the present situation, we understand
that your client seeks guidance on how to contact and directly share information with the
congressional intelligence committees in a manner consistent with appropriate security practices.
Because your client?s complaint involves con?dential and potentially privileged communications
by persons outside of the Intelligence Community, we are consulting with other Executive Branch
stakeholders before transmitting to you the guidance sought. We understand the time?sensitive
nature of your request and expect that we will be able to provide actionable guidance soon.

Please know that the highest priority is ensuring that the women and men of the
Intelligence Community have everything they need to carry out their mission in support of our
nation?s security. This includes supportng the rights of whistleblowers to provide information to
Congress. I commend your client?s willingness to come forward to the ICIG, and the DNI is
committed to protecting your client from retaliation for that disclosure. I also want to take this
opportunity to state that we have every reason to believe that your client our IC colleague has
acted in good faith and fully complied with the law. Furthermore, we understand that your client
has respected the confidential and privileged nature of the information, while awaiting the
guidance your letter references.

Again, we will report back to you soon. In the meantime, if you have any questions or
concerns as this process moves forward please do not hesitate to contact me, either directly or
through our ICIG. Thank you for reaching out to us.

    

neral Counsel

cc: Senate Select Committee on Intelligence
House Permanent Select Committee on Intelligence

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