Posted on Nov 7, 2019
EXCLUSIVE: Probe clears pro-Trump Pentagon analyst, report withheld from defense team
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Posted 5 y ago
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Thank you, my friend PO3 (Join to see) for posting the good news that Pentagon analyst Adam S. Lovinger has been cleared of any wrongdoing.
1. It seems there is bias in the Pentagon's Office of Net Assessment.
2. There also seems to be a bias against whistleblowers in the Office of Net Assessment [irony since Adam Schiff is lauding biased [against POTUS Trump] whistleblowers
I ran into bias by a impeached former President Clinton's political appointee holdover in 2002 when I was co-chair of a task force with an L&MR SES.
"The Lovinger case became a cause celebre for conservatives who believe the Pentagon retaliated against the 12-year employee. He supported President Trump’s policies and went to work for the new White House in 2017. The Office of Net Assessment quickly pulled him back to the Pentagon, where he was suspended and stripped of his security clearance. His pay stopped in April 2018.
Mr. Lovinger lost his appeal in a decision this spring following a five-day closed hearing in December before an administrative judge who ruled in favor of the Office of Net Assessment. One of the overriding narratives during Mr. Lovinger’s battle to keep his job was that he had violated rules by leaking derogatory stories about the office to the news media.
Unknown to him at the time, the NCIS already had conducted an intrusive investigation into his computers and other devices. Agents found no evidence he leaked to the press, as charged, or that he was a counterintelligence risk. It closed the case nearly a year ago. Agents saw no need to interview him because of a lack of evidence of wrongdoing.
Here is the NCIS bottom line in September 2018: “As this investigation has not disclosed indicators Lovinger leaked sensitive information to members of the media and all logical investigative steps were completed, this case is now closed.”
Whistleblower reprisal’
Mr. Bigley’s reprisal argument is based on the following chronology:
Before his suspension, Mr. Lovinger complained internally that the Office of Net Assessment (ONA) was not doing its job by failing to produce reports on future threats known as “net assessments.” Instead, the office was awarding contracts for outside academic-style reports, he said.
One paid contractor was Stefan Halper, the Washington national security figure who while at Cambridge University became an FBI informant to spy on Trump campaign associates in 2016.
Here is how Mr. Bigley discovered the NCIS verdict:
Judicial Watch, a conservative investigative nonprofit run by Tom Fitton, joined the Lovinger team. It filed a lawsuit in U.S. District Court to obtain the Pentagon’s file on Mr. Lovinger.
Mr. Fitton hit pay dirt. The Pentagon turned over a number of email threads. Buried in them was a passing reference to the NCIS. Nothing more.
Mr. Bigley then filed an open records request. Last month, the NCIS turned over its 2018 report.
The attorney said he was stunned. He never knew the probe even existed, but less its findings.
He also discovered the Pentagon knew his client was exonerated on the leak issue.
The NCIS report states that the investigative agency specifically informed the Office of Net Assessment.
“ONA was apprised of the status of the investigation,” the report states.
The report also shows that the requesting agency in August 2017 was the Pentagon’s Washington Headquarters Services. It is the organization that revoked Mr. Lovinger’s clearance and brought the case against him.
Mr. Bigley said that NCIS surely informed Washington Headquarters Services of its findings since it had asked for the probe.
The Washington Times submitted a query about Mr. Bigley’s complaint to the Pentagon press office, which didn’t respond.
Mr. Bigley said the administrative judge did not find Mr. Lovinger guilty of leaking to the press. But he said that is beside the point. The attorney said he spent hours preparing a defense on that charge, not knowing there was an NCIS report that already had cleared his client. Government attorneys pressed the leak case during the hearing, he said.
By not being told of the exoneration, Mr. Bigley also was denied the opportunity to present the NCIS report as evidence.
“The leaking allegation against Mr. Lovinger was by far the most serious claim brought against him by DoD,” Mr. Bigley told The Times. “We believe that the government hid this exculpatory evidence because they knew that their other allegations were a smorgasbord of nonsense that would never independently have gotten off the runway.”
In a May 2017 memo, Washington Headquarters Services outlined why it was suspending Mr. Lovinger’s security clearance.
There were two general categories: He mishandled a classified document and shared “sensitive” material with others.
Second, he played a role with a contractor in leaks to the Washington Free Beacon about the Office of Net Assessment’s supposed failings under Director James Baker.
The NCIS report refuted that: “An interview of former ONA contractor did not yield any information of concern.”
“According to Mr. Baker, the leak had disastrous consequences for the ONA mission,” the report added.
In his July letter to the Defense Department inspector general, Mr. Bigley said Pentagon lawyers “failed to make any mention of the NCIS findings in their case, failed to turn over the NCIS investigative report, and failed to even alert this attorney that a report existed which effectively exonerated Mr. Lovinger of the most serious allegation against him.”
FYI COL Mikel J. Burroughs Lt Col John (Jack) Christensen Lt Col Charlie Brown LTC Greg Henning LTC Jeff Shearer Maj Bill Smith, Ph.D. Maj William W. "Bill" Price Maj Marty Hogan CPT Scott Sharon CWO3 Dennis M. SFC Joe S. Davis Jr., MSM, DSL SSG William Jones SGT (Join to see) SGT John " Mac " McConnell SP5 Mark Kuzinski PO1 H Gene Lawrence PO2 Kevin Parker PO3 Bob McCord
1. It seems there is bias in the Pentagon's Office of Net Assessment.
2. There also seems to be a bias against whistleblowers in the Office of Net Assessment [irony since Adam Schiff is lauding biased [against POTUS Trump] whistleblowers
I ran into bias by a impeached former President Clinton's political appointee holdover in 2002 when I was co-chair of a task force with an L&MR SES.
"The Lovinger case became a cause celebre for conservatives who believe the Pentagon retaliated against the 12-year employee. He supported President Trump’s policies and went to work for the new White House in 2017. The Office of Net Assessment quickly pulled him back to the Pentagon, where he was suspended and stripped of his security clearance. His pay stopped in April 2018.
Mr. Lovinger lost his appeal in a decision this spring following a five-day closed hearing in December before an administrative judge who ruled in favor of the Office of Net Assessment. One of the overriding narratives during Mr. Lovinger’s battle to keep his job was that he had violated rules by leaking derogatory stories about the office to the news media.
Unknown to him at the time, the NCIS already had conducted an intrusive investigation into his computers and other devices. Agents found no evidence he leaked to the press, as charged, or that he was a counterintelligence risk. It closed the case nearly a year ago. Agents saw no need to interview him because of a lack of evidence of wrongdoing.
Here is the NCIS bottom line in September 2018: “As this investigation has not disclosed indicators Lovinger leaked sensitive information to members of the media and all logical investigative steps were completed, this case is now closed.”
Whistleblower reprisal’
Mr. Bigley’s reprisal argument is based on the following chronology:
Before his suspension, Mr. Lovinger complained internally that the Office of Net Assessment (ONA) was not doing its job by failing to produce reports on future threats known as “net assessments.” Instead, the office was awarding contracts for outside academic-style reports, he said.
One paid contractor was Stefan Halper, the Washington national security figure who while at Cambridge University became an FBI informant to spy on Trump campaign associates in 2016.
Here is how Mr. Bigley discovered the NCIS verdict:
Judicial Watch, a conservative investigative nonprofit run by Tom Fitton, joined the Lovinger team. It filed a lawsuit in U.S. District Court to obtain the Pentagon’s file on Mr. Lovinger.
Mr. Fitton hit pay dirt. The Pentagon turned over a number of email threads. Buried in them was a passing reference to the NCIS. Nothing more.
Mr. Bigley then filed an open records request. Last month, the NCIS turned over its 2018 report.
The attorney said he was stunned. He never knew the probe even existed, but less its findings.
He also discovered the Pentagon knew his client was exonerated on the leak issue.
The NCIS report states that the investigative agency specifically informed the Office of Net Assessment.
“ONA was apprised of the status of the investigation,” the report states.
The report also shows that the requesting agency in August 2017 was the Pentagon’s Washington Headquarters Services. It is the organization that revoked Mr. Lovinger’s clearance and brought the case against him.
Mr. Bigley said that NCIS surely informed Washington Headquarters Services of its findings since it had asked for the probe.
The Washington Times submitted a query about Mr. Bigley’s complaint to the Pentagon press office, which didn’t respond.
Mr. Bigley said the administrative judge did not find Mr. Lovinger guilty of leaking to the press. But he said that is beside the point. The attorney said he spent hours preparing a defense on that charge, not knowing there was an NCIS report that already had cleared his client. Government attorneys pressed the leak case during the hearing, he said.
By not being told of the exoneration, Mr. Bigley also was denied the opportunity to present the NCIS report as evidence.
“The leaking allegation against Mr. Lovinger was by far the most serious claim brought against him by DoD,” Mr. Bigley told The Times. “We believe that the government hid this exculpatory evidence because they knew that their other allegations were a smorgasbord of nonsense that would never independently have gotten off the runway.”
In a May 2017 memo, Washington Headquarters Services outlined why it was suspending Mr. Lovinger’s security clearance.
There were two general categories: He mishandled a classified document and shared “sensitive” material with others.
Second, he played a role with a contractor in leaks to the Washington Free Beacon about the Office of Net Assessment’s supposed failings under Director James Baker.
The NCIS report refuted that: “An interview of former ONA contractor did not yield any information of concern.”
“According to Mr. Baker, the leak had disastrous consequences for the ONA mission,” the report added.
In his July letter to the Defense Department inspector general, Mr. Bigley said Pentagon lawyers “failed to make any mention of the NCIS findings in their case, failed to turn over the NCIS investigative report, and failed to even alert this attorney that a report existed which effectively exonerated Mr. Lovinger of the most serious allegation against him.”
FYI COL Mikel J. Burroughs Lt Col John (Jack) Christensen Lt Col Charlie Brown LTC Greg Henning LTC Jeff Shearer Maj Bill Smith, Ph.D. Maj William W. "Bill" Price Maj Marty Hogan CPT Scott Sharon CWO3 Dennis M. SFC Joe S. Davis Jr., MSM, DSL SSG William Jones SGT (Join to see) SGT John " Mac " McConnell SP5 Mark Kuzinski PO1 H Gene Lawrence PO2 Kevin Parker PO3 Bob McCord
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LTC Stephen F.
FYI CMSgt (Join to see)SPC Mark HuddlestonSGT Rick ColburnMaj Robert ThorntonPO1 H Gene Lawrence
SGT James MurphyPVT Mark BrownCPT (Join to see)
MSgt David HoffmanSgt (Join to see)SFC (Join to see)1sg-dan-capriSGT Robert R.CPT Tommy CurtisSGT (Join to see)Col Carl WhickerSSG Michael NollSP5 Jeannie CarleSPC Chris Bayner-CwikTSgt David L.
SGT James MurphyPVT Mark BrownCPT (Join to see)
MSgt David HoffmanSgt (Join to see)SFC (Join to see)1sg-dan-capriSGT Robert R.CPT Tommy CurtisSGT (Join to see)Col Carl WhickerSSG Michael NollSP5 Jeannie CarleSPC Chris Bayner-CwikTSgt David L.
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Why am I NOT surprised that evidence was withheld from his defense team? That has been the left's MO since the beginning.
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