Skip to content
Search

Latest Stories

Top Stories

Intelligence whistleblowers often pay a severe price

Intelligence whistleblowers often pay a severe price

"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," writes Jennifer M. Pacella.

Win McNamee/Getty Images

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.

The Conversation

Read More

Is Bombing Iran Deja Vu All Over Again?

The B-2 "Spirit" Stealth Bomber flys over the 136th Rose Parade Presented By Honda on Jan. 1, 2025, in Pasadena, California. (Jerod Harris/Getty Images/TNS)

Jerod Harris/Getty Images/TNS)

Is Bombing Iran Deja Vu All Over Again?

After a short and successful war with Iraq, President George H.W. Bush claimed in 1991 that “the ghosts of Vietnam have been laid to rest beneath the sands of the Arabian desert.” Bush was referring to what was commonly called the “Vietnam syndrome.” The idea was that the Vietnam War had so scarred the American psyche that we forever lost confidence in American power.

The elder President Bush was partially right. The first Iraq war was certainly popular. And his successor, President Clinton, used American power — in the former Yugoslavia and elsewhere — with the general approval of the media and the public.

Keep ReadingShow less
Conspiratorial Thinking Isn’t Growing–Its Consequences Are
a close up of a typewriter with the word conspiracy on it

Conspiratorial Thinking Isn’t Growing–Its Consequences Are

The Comet Ping Pong Pizzagate shooting, the plot to kidnap Governor Gretchen Whitmer, and a man’s livestreamed beheading of his father last year were all fueled by conspiracy theories. But while the headlines suggest that conspiratorial thinking is on the rise, this is not the case. Research points to no increase in conspiratorial thinking. Still, to a more dangerous reality: the conspiracies taking hold and being amplified by political ideologues are increasingly correlated with violence against particular groups. Fortunately, promising new research points to actions we can take to reduce conspiratorial thinking in communities across the US.

Some journalists claim that this is “a golden age of conspiracy theories,” and the public agrees. As of 2022, 59% of Americans think that people are more likely to believe in conspiracy theories today than 25 years ago, and 73% of Americans think conspiracy theories are “out of control.” Most blame this perceived increase on the role of social media and the internet.

Keep ReadingShow less
Illness, Presidents, and Confidantes

U.S. President Joe Biden speaks at the Economic Club of Washington, DC September 19, 2024 in Washington, DC.

Getty Images, Win McNamee

Illness, Presidents, and Confidantes

Ever since the reality of President Biden’s mental and physical decline has been made public, ink is being spent, bemoaning that the nation was at risk because the President was not fit to make crucial decisions twenty-four hours a day.

Isn’t it foolish that, in a constitutional republic with clear separation and interdependence of powers, we should rely on one human being to make a decision at three in the morning that could have grievous consequences for the whole nation and the world? Are we under the illusion that we must and can elect an all-wise, always-on, energizer-bunny, superhero?

Keep ReadingShow less
Donald Trump

Trump's reliance on inflammatory, and often dehumanizing, language is not an unfortunate quirk—it’s a deliberate tactic.

Jabin Botsford/The Washington Post via Getty Images

From ‘Obliteration’ to ‘Enemies Within’: Trump’s Language Echoes Authoritarianism

When President Trump declared that the U.S. strikes “obliterated” Iran’s nuclear program, it wasn’t just a policy claim—it was an exercise in narrative control. Predictably, his assertion was met with both support and skepticism. Yet more than a comment on military efficacy, the statement falls into a broader pattern that underscores how Trump uses language not just to communicate but to dominate.

Alongside top officials like CIA Director John Ratcliffe and Defense Secretary Pete Hegseth, Trump claimed the strikes set Iran’s nuclear ambitions back by years. However, conflicting intelligence assessments tell a more nuanced story. A leaked Defense Intelligence Agency report concluded that while infrastructure was damaged and entrances sealed, core components such as centrifuges remained largely intact. Iran had already relocated much of its enriched uranium. The International Atomic Energy Agency echoed that damage was reparable.

Keep ReadingShow less