Barbara Banaian, Times Writers Group Published 5:00 p.m. CT Nov. 29, 2019
Barbara Banaian(Photo: Submitted photo)
The term "whistleblower" once evoked images of 19th-century British bobbiesblowing their whistles to alert the public or colleagues to danger from suspects running away.This was an important part of law enforcement.
Whistleblowers have a long history of reporting wrongdoing, including Benjamin Franklin, who, in 1773, disclosed confidential letters showing that the royally-appointed governor of Massachusetts was misleading Parliament.
At the center of the impeachment hearings in the House of Representatives is a whistleblowerwhose report is pivotal to the investigation.We want an investigation that is fair and transparent, and we want the law honored.
The law to be honored is both a federal statuteand the Sixth Amendment.And there appears to be a conflict.The statute is the Intelligence Community Whistleblower Protection Act of 1998 (ICWPA).
TheICWPA says that when filing a report with the Inspector General about an urgent concern, the whistleblower is protected against retaliation by the executive branch upon reporting wrongdoing.They cannot be fired, passed over for promotion, denied educational benefitsor otherwise prevented from career advancement.An act of retaliation leads to a separate whistleblower complaint and investigation and constitutes a separate felony.
But protection from retaliation does not lead to a requirement of anonymity.
The Sixth Amendment is about criminal prosecutions and says an accused person has the rightto be confronted with the witnesses against him and be able to compel testimony that demonstrates his innocence.
An impeachment hearing is a hearing, not a trial.Both Democrats and Republicans have been in attendanceand have been able to ask questions, but only of the witnesses that the chair of the committee, Rep. Adam Schiff, has permitted.And he does not want the whistleblower to testify, in order to maintain anonymity and protect them from retaliation.
To permit the hearing to proceed, Schiff has had others testify to confirm the statements in the whistleblower complaint, making that persons testimony unnecessary in his view.Because a hearing is not a trial, the Sixth Amendment does not apply here.
If articles of impeachment are voted out of the House of Representatives, the Senate sits as a trial court, and it may be here that the Sixth Amendment rights of the accused President Trump would be upheld.
Whistleblowing has a long history dating back to 7th-century England (in which a king offered to split the earnings of anyone who violated the Sabbath law).In 1778, the Continental Congress commended marines who turned in fellow marines who had mistreated British prisoners.
What is important about getting protection underICWPA is that the whistleblower follows the law.Mark Felt, an associate director of the FBIwho became the famous "Deep Throat" from the Watergate scandal, gave his information to a newspaper rather than report it up the chain of command, no doubt because the law at the time did not have whistleblower protections.He stayed anonymous until he was 91 years of age, almost 30 years later.
Had the whistleblower here gone to a newspaper like Edward Snowden, theywould not be entitled to protection.This whistleblower tried to follow the law.
But still there is a fine line to walk:The whistleblower has rights against retaliation, and President Trump has not been bashful about using his Twitter account to criticize those who speak against him.Just look at what happened to AmbassadorMarie Yovanovitch.
Would this be sufficient to constitute retaliation, however? It seems the Sixth Amendment right still exists (if only when this reaches the Senate), but that a separate article could be filed by the House if the whistleblowers rights against retaliation are violated.
Rooting out corruptionand other high crimes is a good thing especially in government.We value this.
The rights of the accuser will have to balance against the rights of the accused.Whistleblowers have an important function, and shouldn't be discouraged .
This is the opinion of Barbara Banaian, a professional pianist who lives in the St. Cloud area. Her column is published the first Sunday of the month.
Read or Share this story: https://www.sctimes.com/story/opinion/2019/11/29/whistleblowers-have-long-history-and-should-protected/4314452002/
Read this article:
Whistleblowers have a long history - and should be protected - SC Times
- New York Times pushes clemency for Edward Snowden. Justified? (+video) [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Napolitano Says No Clemency for Edward Snowden [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Hero Edward Snowden? [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- What to do about Snowden: The NY Times gets it right [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Snowden 'an aberration': Booz Allen CEO [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Edward Snowden - Wikipedia, the free encyclopedia [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Will Obama Help Edward Snowden? - Video [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- 2 Newspapers Call For Clemency For Edward Snowden - Video [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Editorials Argue Why Edward Snowden Should Get Clemency - Video [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- EDWARD Snowden - IS HE A HERO OR A TRAITOR??? - Video [Last Updated On: January 5th, 2014] [Originally Added On: January 5th, 2014]
- Snowden seeks extra Russian protection after U.S. threats [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Edward Snowden denies that he's a Russian spy [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Snowden Denies Working as Foreign Spy, New Yorker Reports [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Glenn Greenwald I Defend Edward Snowden Like MSNBC Defends Obama "24 Hours A Day" - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Former CIA insider on Sochi Olympics security, Edward Snowden - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Airdate : January 4, 2014 : Clemency for Edward Snowden - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- #10 Edward Snowden a Hoax?? Rockefeller: Human Cloning in Film Documentary Series Jan 20 2014 - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Double Standards - Edward Snowden: Traitor or hero - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Edward Snowden NSA Spying HOAX BUSTED fraud Jan 19 2014 Rockefeller net Ron Rand Paul Breaking News - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Philip and Edward Snowden. - Video [Last Updated On: January 22nd, 2014] [Originally Added On: January 22nd, 2014]
- Did Snowden Act Alone? - Video [Last Updated On: January 23rd, 2014] [Originally Added On: January 23rd, 2014]
- Edward Snowden Denies Russian Spy Theory - Video [Last Updated On: January 23rd, 2014] [Originally Added On: January 23rd, 2014]
- Coastal Today Show, January 20 - 26, 2014 | Full Episode - Video [Last Updated On: January 23rd, 2014] [Originally Added On: January 23rd, 2014]
- BREAKING! Edward Snowden LIVE in New York Snowed-in Snowden Blizzard Snow Storm - Video [Last Updated On: January 23rd, 2014] [Originally Added On: January 23rd, 2014]
- New York Times editorial defends Edward Snowden - Video [Last Updated On: January 23rd, 2014] [Originally Added On: January 23rd, 2014]
- The People's Republic of Edward Snowden - Video [Last Updated On: January 23rd, 2014] [Originally Added On: January 23rd, 2014]
- Snowden says mass collection must end [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Russian lawmaker says Snowden asylum period to be extended [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Snowden Says Whistle-Blower Law Gaps Preclude His Return [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Edward Snowden Denies 'Stealing' NSA Co-Workers' Passwords [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Edward Snowden's Asylum in Russia Extended [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Edward Snowden: 'Not Possible' to Return to U.S. Now [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- What Do We Know About Edward Snowden? Webster G. Tarpley - Video [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- On Edward Snowden, Privacy, NSA, and Accountability - Quick Thought #632 - Video [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Edward Snowden is a SPY? How do you kill a spy? - Video [Last Updated On: January 24th, 2014] [Originally Added On: January 24th, 2014]
- Scooter and Snowden [Last Updated On: January 26th, 2014] [Originally Added On: January 26th, 2014]
- Edward Snowden: Did the American whistleblower act alone? [Last Updated On: January 26th, 2014] [Originally Added On: January 26th, 2014]
- Snowden Says Whistle-Blower Law Gaps Preclude Return [Last Updated On: January 26th, 2014] [Originally Added On: January 26th, 2014]
- Hükümete protesto, Snowden'e destek - Video [Last Updated On: January 26th, 2014] [Originally Added On: January 26th, 2014]
- Edward Snowden NSA leaker asks for extra security after receiving death threats from US officials !! - Video [Last Updated On: January 26th, 2014] [Originally Added On: January 26th, 2014]
- Snowden says officials want to kill him [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- edward_snowden_portrait_twitter_reuters.JPG [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- Edward Snowden: There Are 'Significant Threats' To My Life [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- Snowden Says ‘No Doubt’ NSA Engages in Industrial Spying [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- Edward Snowden Biography - Facts, Birthday, Life Story ... [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- Alex Jones Show Friday 1 24 14 Piers Corbin - Video [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- The People's Republic of Edward Snowden part 2 - Video [Last Updated On: January 27th, 2014] [Originally Added On: January 27th, 2014]
- Snowden interview turns up few key revelations [Last Updated On: January 28th, 2014] [Originally Added On: January 28th, 2014]
- edward-snowden-reuters-120313.JPG [Last Updated On: January 28th, 2014] [Originally Added On: January 28th, 2014]
- Edward Snowden - Video [Last Updated On: January 28th, 2014] [Originally Added On: January 28th, 2014]
- German Television To Air NEW Edward Snowden Interview TONIGHT - Video [Last Updated On: January 28th, 2014] [Originally Added On: January 28th, 2014]
- Edward Snowden is nominated for the 2014 Nobel Peace Prize [Last Updated On: January 30th, 2014] [Originally Added On: January 30th, 2014]
- Snowden Nominated by Norwegian Lawmakers for Nobel Peace Prize [Last Updated On: January 30th, 2014] [Originally Added On: January 30th, 2014]
- Snowden nominated for Nobel Prize [Last Updated On: January 30th, 2014] [Originally Added On: January 30th, 2014]
- Snowden Gets Nobel Peace Prize Nomination From Norwegian MP - Video [Last Updated On: January 30th, 2014] [Originally Added On: January 30th, 2014]
- BREAKING: Edward Snowden Nomination For Nobel Peace Prize! - Video [Last Updated On: January 30th, 2014] [Originally Added On: January 30th, 2014]
- Edward Snowden's Psychic Human ETs - Video [Last Updated On: January 30th, 2014] [Originally Added On: January 30th, 2014]
- Report puts Snowden-like leaks as No. 2 threat to US security [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- Why Silicon Valley sticks up for Snowden [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- Snowden nominated for Peace Prize [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- Edward Snowden Nominated For Nobel Peace Prize - Video [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- UK spy chief to step down: GCHQ boss Iain Lobban leaves in wake of Edward Snowden NSA leaks - Video [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- Is Edward Snowden Behind Target Hacking? - Video [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- Snowden: NSA Mining App Data to Track Targets - Video [Last Updated On: January 31st, 2014] [Originally Added On: January 31st, 2014]
- Snowden nominated for Nobel Peace Prize [Last Updated On: February 1st, 2014] [Originally Added On: February 1st, 2014]
- [CCTV FOOTAGE]Edward Snowden Gunshot January 31, 2014 - Video [Last Updated On: February 1st, 2014] [Originally Added On: February 1st, 2014]
- Obama administration nominates new NSA director - Video [Last Updated On: February 1st, 2014] [Originally Added On: February 1st, 2014]
- Edward Snowden nominated for Nobel Peace Prize: NSA whistleblower has exposed US spying - Video [Last Updated On: February 1st, 2014] [Originally Added On: February 1st, 2014]
- Edward Snowden's Norwegian Nobel nomination called into question - Video [Last Updated On: February 1st, 2014] [Originally Added On: February 1st, 2014]
- Edward Snowden the Peace Prize Winner? - Video [Last Updated On: February 1st, 2014] [Originally Added On: February 1st, 2014]
- Edward Snowden, a Party to Subverting Nations in Latin America [Last Updated On: February 3rd, 2014] [Originally Added On: February 3rd, 2014]
- Edward Snowden: World's most wanted man [Last Updated On: February 3rd, 2014] [Originally Added On: February 3rd, 2014]
- Politicians attack Great Barrier Reef, Edward Snowden and TV Reporter - TFU Friday - Video [Last Updated On: February 3rd, 2014] [Originally Added On: February 3rd, 2014]
- WikiLeaks, Greenwald Blast Guardian Journalist’s Book On ‘FSB Prisoner’ Snowden [Last Updated On: February 4th, 2014] [Originally Added On: February 4th, 2014]
- Killing Edward Snowden on Occupy The Microphone - Video [Last Updated On: February 4th, 2014] [Originally Added On: February 4th, 2014]
- Edward Snowden January 25, 2014 Interview Links - Video [Last Updated On: February 4th, 2014] [Originally Added On: February 4th, 2014]
- Edward Snowden Documents reveal Canadian Spies Exist! - Video [Last Updated On: February 4th, 2014] [Originally Added On: February 4th, 2014]
- 20140203 - Barking at the moon - Video [Last Updated On: February 5th, 2014] [Originally Added On: February 5th, 2014]
- Snowden aftermath: Defense contractors revamp policies, practices [Last Updated On: February 5th, 2014] [Originally Added On: February 5th, 2014]
- Booz Allen Exec Describes How Snowden Stole Millions of Documents [Last Updated On: February 5th, 2014] [Originally Added On: February 5th, 2014]