There’s no denying the intense pressure that is coming from President Trump and others to reveal the name of the whistleblower whose complaint triggered the impeachment inquiry that is pending against the president. The building pressure to disclose the whistleblower’s identity gives rise to two critical questions regarding whistleblower protection. First, is revealing the identity of the Trump whistleblower illegal? Second, regardless of whether disclosing the whistleblower’s name is illegal, are there any consequences that the person or people who reveal the whistleblower’s name will suffer if they choose to disclose it?
Government officials within the intelligence and national security community report that for most individuals, disclosing the whistleblower’s name would not break any law. Unfortunately, it appears as though Congress has not built much protection for whistleblowers’ identities into federal law. The only person who is legally prohibited from disclosing the whistleblower’s name is the inspector general, as specified in the Intelligence Community Whistleblower Protection Act of 1998. It’s possible that protections for whistleblowers against disclosure by the president or members of Congress have not yet been made law because there has not, until now, been a need for it. Government officials report that over the years, presidents and others within the government have shown whistleblowers tremendous deference and respect, including refraining from naming them publicly. If the president publicly reveals the name of the whistleblower, it would be the first time in history that a president did so.
Fortunately, the potential consequences that might befall a person who chooses to reveal the identity of the Trump whistleblower could prove incentive enough to prevent that disclosure from happening. The possible consequences associated with disclosing the whistleblower’s identity are dependent upon who it is that does the disclosing. For example, if a member of Congress chooses to reveal the whistleblower’s identity, that member of Congress could face legislative sanctions and be removed from some or all of the committees that they are currently a part of. If the president decides to identify the whistleblower, members of the House of Representatives could draft an article of impeachment alleging retaliation against the whistleblower.
The president, government officials, and the media are not the only ones who could face consequences for identifying the Trump whistleblower. If a member of the general public reveals the whistleblower’s name and the whistleblower or anyone in their family suffers harm, the person who made the disclosure could be subject to a civil lawsuit by the whistleblower’s legal team.
The lack of federal protection for whistleblower anonymity that is being exposed by the present efforts to disclose the identity of the Trump whistleblower is likely to discourage other potential whistleblowers who are considering coming forward on any matter. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC continue to support whistleblowers in their efforts to expose waste, corruption, and fraud. To learn more about whistleblower protection, call us at 1 (800) 707-9577 to arrange an initial consultation with the Mississippi Whistleblower attorneys of Barrett Law PLLC.