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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An Independent Voter's Perspective on Current Political Divides
In the column, "Is Donald Trump Right?", Fulcrum Executive Editor, Hugo Balta, wrote:
For millions of Americans, President Trump’s second term isn’t a threat to democracy—it’s the fulfillment of a promise they believe was long overdue.
Is Donald Trump right?
Should the presidency serve as a force for disruption or a safeguard of preservation?
Balta invited readers to share their thoughts at newsroom@fulcrum.us.
David Levine from Portland, Oregon, shared these thoughts...
I am an independent voter who voted for Kamala Harris in the last election.
I pay very close attention to the events going on, and I try and avoid taking other people's opinions as fact, so the following writing should be looked at with that in mind:
Is Trump right? On some things, absolutely.
As to DEI, there is a strong feeling that you cannot fight racism with more racism or sexism with more sexism. Standards have to be the same across the board, and the idea that only white people can be racist is one that I think a lot of us find delusional on its face. The question is not whether we want equality in the workplace, but whether these systems are the mechanism to achieve it, despite their claims to virtue, and many of us feel they are not.
I think if the Democrats want to take back immigration as an issue then every single illegal alien no matter how they are discovered needs to be processed and sanctuary cities need to end, every single illegal alien needs to be found at that point Democrats could argue for an amnesty for those who have shown they have been Good actors for a period of time but the dynamic of simply ignoring those who break the law by coming here illegally is I think a losing issue for the Democrats, they need to bend the knee and make a deal.
I think you have to quit calling the man Hitler or a fascist because an actual fascist would simply shoot the protesters, the journalists, and anyone else who challenges him. And while he definitely has authoritarian tendencies, the Democrats are overplaying their hand using those words, and it makes them look foolish.
Most of us understand that the tariffs are a game of economic chicken, and whether it is successful or not depends on who blinks before the midterms. Still, the Democrats' continuous attacks on the man make them look disloyal to the country, not to Trump.
Referring to any group of people as marginalized is to many of us the same as referring to them as lesser, and it seems racist and insulting.
We invite you to read the opinions of other Fulrum Readers:
Trump's Policies: A Threat to Farmers and American Values
The Trump Era: A Bitter Pill for American Renewal
Federal Hill's Warning: A Baltimorean's Reflection on Leadership
Also, check out "Is Donald Trump Right?" and consider accepting Hugo's invitation to share your thoughts at newsroom@fulcrum.us.
The Fulcrum will select a range of submissions to share with readers as part of our ongoing civic dialogue.
We offer this platform for discussion and debate.