Hugh Pries sent a link to this explanation of the Nunes Memo protocols appearing on Free Republic . All content from there is in italics.
Release the Memo – Timing
Vanity | January 31, 2018 Posted on 1/31/2018, 5:48:09 AM by Cboldt
Timing of the release of the so-called Nunes memo is under what the press refers to as an arcane rule of the House. Here is the rule.
Rules of the House of Representatives
RULE X – ORGANIZATION OF COMMITTEES
Permanent Select Committee on Intelligence
11. (a)(1) There is established a Permanent Select Committee on Intelligence …(g)(1) The select committee may disclose publicly any information in its possession after a determination by the select committee that the public interest would be served by such disclosure. With respect to the disclosure of information for which this paragraph requires action by the select committee –
(A) the select committee shall meet to vote on the matter within five days after a member of the select committee requests a vote; and
(B) a member of the select committee may not make such a disclosure before a vote by the select committee on the matter, or after a vote by the select committee on the matter except in accordance with this paragraph.
(2)(A) In a case in which the select committee votes to disclose publicly any information that has been classified under established security procedures, that has been submitted to it by the executive branch, and that the executive branch requests be kept secret, the select committee shall notify the President of such vote.
(B) The select committee may disclose publicly such information after the expiration of a five-day period following the day on which notice of the vote to disclose is transmitted to the President unless, before the expiration of the five-day period, the President, personally in writing, notifies the select committee that the President objects to the disclosure of such information, provides reasons therefor, and certifies that the threat to the national interest of the United States posed by the disclosure is of such gravity that it outweighs any public interest in the disclosure.
(C) If the President, personally in writing, notifies the select committee of objections to the disclosure of information as provided in subdivision (B), the select committee may, by majority vote, refer the question of the disclosure of such information, with a recommendation thereon, to the House. The select committee may not publicly disclose such information without leave of the House.
Brief analysis and remarks.
Release of the memo is a committee-driven process, not a White House driven process. Timing is on the committee’s schedule, not the presidents. The rule has no provision for presidential approval, only for presidential objection.
Note that the right to object is personal to the president, and must be in writing. The committee has to wait five days.
Note too the standard for objection. The objection must certify that “the threat to the national interest of the United States posed by the disclosure is of such gravity that it outweighs any public interest.” Don’t look for the press to inform you of that standard.
Finally, it is NOT in the president’s interest to put anything in writing on this subject. The press has labeled Nunes as hyper-partisan. If Trump communicates a go-ahead, especially as such a mechanism doesn’t exist in the rules, the press will report that he too is hyper-partisan on this subject.
