>>It is an absolute privilege to make a report of a potential crime to any government agency at any time. Any contract or NDA attempting to limit that right is void and against public policy.<<
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And yet ... it is not done, ever, by people operating with security clearances. I’m guessing those who have tried have been disappointed in court.
If you are an attorney, you are probably familiar with situations where the differential in power or resources of the litigants make it unfeasible for the lesser one to receive justice.
This whole claim that Flynn had to be arrested in order to provide info subject to an NDA strikes me as a little bit of wishful thinking combined with a failure to think logically. If Flynn were a minion in the bureaucracy, maybe he would fear violating an NDA. But he worked for Trump in the White House. If he wanted information that was subject to an NDA placed on him by whatever agency he formerly worked for, that NDA could be voided with the short stroke of a signature by Trump on an order reading, “Tell me everything, your NDAs are void.”