Pacella is an assistant professor of business law and ethics at Indiana University.
When President Donald Trump likened a whistleblower's White House sources to spies and made a lightly veiled reference to execution, he highlighted a longstanding peril facing those who come forward to alert the public to governmental wrongdoing.
In many instances, whistleblowers find the abusive power they have revealed turned against them, both ending their careers and harming their personal lives.
In the private sector, whistleblowers are often ignored and told their concern is not part of their job description – and are commonly retaliated against by being demoted or fired.
When a whistleblower is in the U.S. intelligence and national security sphere, they're often speaking out about misdeeds by powerful figures – and, as a result, have frequently faced death threats, physical attacks, prosecution and prison.
The new whistleblower report that alleges wrongdoing by the president is a reminder of the vital importance of holding wrongdoers accountable, regardless of their level of power. When those acts affect national security, whistleblowing is even more important. But as I've found in my whistleblowing research, whistleblowers in this arena have far fewer legal protections from retaliation than those in corporate settings or elsewhere in government.
The consequences for government whistleblowers in the last 20 years have been harsh, in part because laws about classified information have made it difficult for people to publicize wrongdoing on sensitive issues.
After William Binney and J. Kirk Wiebe alleged in 2002 that their employer, the National Security Agency, mismanaged intelligence-gathering software that potentially could have prevented 9/11, their homes were raided and ransacked by the FBI as their families watched. Ultimately, the NSA revoked their security clearances and they were forced to sue to recover the confiscated personal property.
Another NSA whistleblower, Thomas Drake, alleged in 2002 that the agency's mass-surveillance programs after 9/11 involved fraud, waste and violations of citizens' rights. He became the subject of one of the biggest government leak investigations of all time and was prosecuted for espionage, which he ultimately settled through a plea agreement.
A third NSA whistleblower, Edward Snowden has spent years in exile, fearing an unfair trial should he return to the U.S.
Former Army intelligence analyst Chelsea Manning has spent years in federal prison for releasing classified documents regarding U.S. military operations in Iraq and Afghanistan.
Difficult consequences can come not just from the government but also from the public and the media. The New York Times has come under criticism for revealing identifying details about the current whistleblower's position.
Most laws governing federal whistleblowers lay out a procedure for coming forward with concerns, offer protections for confidentiality, and prevent recipients of information from harassing, threatening, demoting, firing or discriminating against the person raising the complaint.
Whistleblowers reporting securities law violations to the Securities and Exchange Commission have those protections. So do whistleblowers who report on fraudulent billing or claims against the government, such as Medicare or Medicaid fraud.
It can be difficult to find a balance between the government's need to protect highly sensitive classified information and the public's interest in uncovering wrongdoing. As a result, protections for whistleblowers in the intelligence community lack robust protections. The Intelligence Community Whistleblower Protection Act of 1998 outlines a process for whistleblowers in the intelligence community to raise concerns, but doesn't explicitly protect the whistleblower from retaliation or being publicly identified. Two executive-branch directives, created during the Obama administration, do bar retaliation against whistleblowers. However, they create a conflict of interest, because the person who determines whether there has been retaliation may be the person doing the retaliating.
Those Obama-era directives also prevent the whistleblower from seeking an independent court's review. They do not specify whether and exactly how aggrieved whistleblowers are entitled to back pay or reinstatement of employment, which are common whistleblower remedies.
It's no surprise, then, that in the first 10 years after the Intelligence Community Whistleblower Protection Act was enacted, no intelligence whistleblower was compensated for retaliation. While there have been no subsequent inquiries or information to determine whether intelligence whistleblowers have fared better since 2009, the law as it stands makes it nearly impossible for them to be protected.
Whistleblowers bring much-needed attention to matters of interest and importance to the public. Their courage – and willingness to face professional and personal peril – helps bring to light information that others would prefer to keep secret. That helps society as a whole fight injustice, waste, corruption and abuse of power, rather than passively and blindly accepting it.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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Eric Trump, the newly appointed ALT5 board director of World Liberty Financial, walks outside of the NASDAQ in Times Square as they mark the $1.5- billion partnership between World Liberty Financial and ALT5 Sigma with the ringing of the NASDAQ opening bell, on Aug. 13, 2025, in New York City.
Why does the Trump family always get a pass?
Deputy Attorney General Todd Blanche joined ABC’s “This Week” on Sunday to defend or explain a lot of controversies for the Trump administration: the Epstein files release, the events in Minneapolis, etc. He was also asked about possible conflicts of interest between President Trump’s family business and his job. Specifically, Blanche was asked about a very sketchy deal Trump’s son Eric signed with the UAE’s national security adviser, Sheikh Tahnoon.
Shortly before Trump was inaugurated in early 2025, Tahnoon invested $500 million in the Trump-owned World Liberty, a then newly launched cryptocurrency outfit. A few months later, UAE was granted permission to purchase sensitive American AI chips. According to the Wall Street Journal, which broke the story, “the deal marks something unprecedented in American politics: a foreign government official taking a major ownership stake in an incoming U.S. president’s company.”
“How do you respond to those who say this is a serious conflict of interest?” ABC host George Stephanopoulos asked.
“I love it when these papers talk about something being unprecedented or never happening before,” Blanche replied, “as if the Biden family and the Biden administration didn’t do exactly the same thing, and they were just in office.”
Blanche went on to boast about how the president is utterly transparent regarding his questionable business practices: “I don’t have a comment on it beyond Trump has been completely transparent when his family travels for business reasons. They don’t do so in secret. We don’t learn about it when we find a laptop a few years later. We learn about it when it’s happening.”
Sadly, Stephanopoulos didn’t offer the obvious response, which may have gone something like this: “OK, but the president and countless leading Republicans insisted that President Biden was the head of what they dubbed ‘the Biden Crime family’ and insisted his business dealings were corrupt, and indeed that his corruption merited impeachment. So how is being ‘transparent’ about similar corruption a defense?”
Now, I should be clear that I do think the Biden family’s business dealings were corrupt, whether or not laws were broken. Others disagree. I also think Trump’s business dealings appear to be worse in many ways than even what Biden was alleged to have done. But none of that is relevant. The standard set by Trump and Republicans is the relevant political standard, and by the deputy attorney general’s own account, the Trump administration is doing “exactly the same thing,” just more openly.
Since when is being more transparent about wrongdoing a defense? Try telling a cop or judge, “Yes, I robbed that bank. I’ve been completely transparent about that. So, what’s the big deal?”
This is just a small example of the broader dysfunction in the way we talk about politics.
Americans have a special hatred for hypocrisy. I think it goes back to the founding era. As Alexis de Tocqueville observed in “Democracy In America,” the old world had a different way of dealing with the moral shortcomings of leaders. Rank had its privileges. Nobles, never mind kings, were entitled to behave in ways that were forbidden to the little people.
In America, titles of nobility were banned in the Constitution and in our democratic culture. In a society built on notions of equality (the obvious exceptions of Black people, women, Native Americans notwithstanding) no one has access to special carve-outs or exemptions as to what is right and wrong. Claiming them, particularly in secret, feels like a betrayal against the whole idea of equality.
The problem in the modern era is that elites — of all ideological stripes — have violated that bargain. The result isn’t that we’ve abandoned any notion of right and wrong. Instead, by elevating hypocrisy to the greatest of sins, we end up weaponizing the principles, using them as a cudgel against the other side but not against our own.
Pick an issue: violent rhetoric by politicians, sexual misconduct, corruption and so on. With every revelation, almost immediately the debate becomes a riot of whataboutism. Team A says that Team B has no right to criticize because they did the same thing. Team B points out that Team A has switched positions. Everyone has a point. And everyone is missing the point.
Sure, hypocrisy is a moral failing, and partisan inconsistency is an intellectual one. But neither changes the objective facts. This is something you’re supposed to learn as a child: It doesn’t matter what everyone else is doing or saying, wrong is wrong. It’s also something lawyers like Mr. Blanche are supposed to know. Telling a judge that the hypocrisy of the prosecutor — or your client’s transparency — means your client did nothing wrong would earn you nothing but a laugh.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.