Thursday, November 21, 2019

ANALYSIS_ ANALYSIS: Despite Schiff’s claims, whistleblower has no 'statutory right' to anonymity

WASHINGTON EXAMINER

ANALYSIS: Despite Schiff’s claims, whistleblower has no 'statutory right' to anonymity

by Jerry Dunleavy
| November 21, 2019 06:00 AM | Updated Nov 21, 2019, 11:26 AM






Rep. Adam Schiff has repeatedly stated in impeachment hearings in front of the House Intelligence Committee that the Ukraine whistleblower has “a statutory right to anonymity” and blocked Republican questions about him.

The problem, many legal experts say, is that the committee chairman, a California Democrat, is wrong — no specific legal requirement to shield the whistleblower’s identity from the public exists.

The Intelligence Community Whistleblower Protection Act establishes rules for whistleblowers to report on waste, fraud, abuse, and corruption in a lawful manner, and it, along with presidential directives, provides legal protections against reprisals and punishment. Anonymity, however, is not one of those guarantees.

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READ MORE: https://www.washingtonexaminer.com/news/analysis-despite-schiffs-claims-whistleblower-has-no-statutory-right-to-anonymity

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The law was strengthened by President Barack Obama and Congress. Obama's Presidential Policy Directive 19, signed in October 2012, prohibits reprisals against whistleblowers at work or affecting their ability to access classified information. The Intelligence Authorization Act's Title VI, passed in July 2014, codified those protections against retaliation. And Intelligence Community Directive 120, issued by Director of National Intelligence James Clapper in March 2014, further detailed how whistleblowers should be protected against retaliation when making protected disclosures of alleged wrongdoing.

Overall, lawful whistleblowers in the intelligence community are protected against being fired, demoted, suspended, transferred, denied raises or bonuses, having their security clearances interfered with, and other job-related retaliation.

But none of the legal language guarantees anonymity.

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