It's *this very fact* that puts the whistleblower complaint in not just the DNI's jurisdiction but the language and dicta of the statute: the individuals who maintain the NSC's now-*fraudulent* intel archive—because it's used to *hide political materials*—are overseen by the DNI.
1/ The DOJ's opinion holds that if there's *any* person in a whistleblower complaint who *isn't* beneath the DNI *and* in the intelligence community—in other words, if a president *ever* appears in a whistleblower complaint—only the president's subordinates at DOJ can address it.
2/ Not only is that—as Schiff noted—total nonsense because it may leave serious national security-implicating complaints unable to be investigated by anyone but a subordinate of the subject of the complaint, *here* it meant the DNI couldn't oversee *his own* subordinates. Crazy!
3/ Essentially, the DOJ OLC opinion held that as long as it's the *president* or subordinates of his not below the DNI who are *improperly secreting political documents in intelligence archives* and *secretly and illegally acting as counterintelligence agents*, the DNI can't act.
You can follow @SethAbramson.
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