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Can Trump Legally Out The Whistleblower? Experts Say It Would Not Violate Any Laws
NPR ^ | November 6, 2019 | Bobby Allyn

Posted on 11/07/2019 9:01:49 AM PST by edwinland

n recent days, President Trump and his allies have amplified their calls for the whistleblower who sparked the impeachment inquiry to be identified, presenting the question of whether it would be a crime for the president to unmask the anonymous whistleblower.

According to four former top federal government officials who worked in intelligence and national security, the answer is no.

"If Trump thinks he knows the name, he can come out and say it, and he's probably as protected as anyone is," said Robert Litt, former general counsel for the Office of the Director of National Intelligence under President Barack Obama.

Litt and several other legal experts who talked to NPR said Trump uttering or tweeting the name could in theory trigger an article of impeachment for retaliating against a whistleblower, but it would not run afoul of any federal criminal statutes.

Similarly, if a news outlet, member of Congress or member of the public outed the whistleblower, legal experts said, no criminal law would be violated.

"There is no overarching protection for the identity of the whistleblower under federal law," said Dan Meyer, a lawyer and the former executive director of the intelligence community whistleblower program. "Congress has never provided that protection."


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: cia; ciaramella; ericciaramella; markzaid; trumpukraine; whistleblower; witchhunt
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This is NPR so take it with a grain of salt.
1 posted on 11/07/2019 9:01:49 AM PST by edwinland
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To: edwinland

It’s a trap.


2 posted on 11/07/2019 9:02:45 AM PST by AAABEST (NY/DC/LA media/political industrial complex DELENDA EST)
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To: edwinland

Trump can do it. Its free speech. Whistleblower laws only protect against retaliation and firing not against naming the person making a complaint.


3 posted on 11/07/2019 9:03:53 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: AAABEST

Reads like one.


4 posted on 11/07/2019 9:05:30 AM PST by edwinland
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To: edwinland

The dems already did it when they released the latest transcript.


5 posted on 11/07/2019 9:05:45 AM PST by sevlex
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To: edwinland

Trump should have just fired him, like Obama did during Fast and Furious..or just like CBS just did with the whistleblower who gave Project Veritas the Epstein tape..ohhhhhhhhhhhhhhhhhhhhh my bad, its only a doggy no no to fire a whistleblower when that person is trashing a Republican I see


6 posted on 11/07/2019 9:06:57 AM PST by Sarah Barracuda
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To: edwinland

Other articles today say that Schiff failed to redact the name in a recent transcript he released. So, the dud is already “outed”. Next: Pin Schiff down under oath and expose his plot. Does not involve outing the “whistleblower”, unless we can get to Schiff hauled away in chains to the gallows. He’ll deserve lots of company.


7 posted on 11/07/2019 9:08:13 AM PST by Chewbarkah
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To: Sarah Barracuda

It would be an interesting situation if Trump had instantly fired the guy.

“But you can’t retaliate against a whistleblower!!”

“Whistleblower? Was that him? I had no idea! You people should have told me!! I certainly wasn’t retaliating! Not me! I didn’t even know he was the guy!”


8 posted on 11/07/2019 9:09:49 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: edwinland
Here's the problem: Nobody really knows who this "whistleblower" is. In fact, we're taking a great leap of faith when we assume Schiff is telling the truth when he claims there even IS a whistleblower.

My B.S. detector is going off like crazy today, and I'm now convinced that there is NO whistleblower at all. Schiff has concocted this idiocy out of thin air just to fabricate an impeachment inquiry, and his "whistleblower" is actually a collection of individuals who are all privy to the President's communications (either first-hand or second-hand) and who are trying to criminalize normal White House activities that are perfectly legal.

Just look at the testimony that Schiff HAS leaked. It's filled with emotional ventilating from a bunch of bureaucratic misfits who can't identify a single thing the President has done wrong, but who somehow "feel" like something was wrong with his conversation with the Ukrainian president.

9 posted on 11/07/2019 9:09:54 AM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: edwinland

Does “moot point” mean anything in this conversation? Adam Schiff released the unredacted name from the transcript of “closed door” testimony.

It’s out there, there is no putting the genie back in the bottle now.


10 posted on 11/07/2019 9:11:38 AM PST by alloysteel (Nowhere in the Universe is there escape from the consequences of the crime of stupidity.)
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To: edwinland

NPR preparing Liberals for the fact that the name is about to be formally out there.


11 posted on 11/07/2019 9:11:54 AM PST by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer)
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To: sevlex
Ten bucks says that guy Ciaramella isn't the "whistleblower."

In fact, I'm of the mind that the guy's name has just been dangled out there as bait to see how the President and his people will react to it.

Think hard about this, folks. Where did you first read this guy's name? And was THAT a reliable source, or just a diversion posted on the internet like an Abraham Lincoln meme with an iPhone?

12 posted on 11/07/2019 9:12:08 AM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Alberta's Child

Its Ciaramilla!


13 posted on 11/07/2019 9:13:19 AM PST by DarthVader (Not by speeches & majority decisions will the great issues of the day be decided but by Blood & Iron)
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To: alloysteel
Adam Schiff released the unredacted name from the transcript of "closed door" testimony.

Correction: Schiff released AN unredacted name from the transcript of the closed-door testimony.

The only people who MIGHT know who this "whistleblower" is are Schiff, his staff, and this lawyer Mark Zaid who claims to represent the whistleblower.

Zaid, in fact, can (and should) be compelled to appear for sworn testimony in any matter related to the whistleblower. He can assert a lawyer-client privilege and refuse to testify, but in doing so I'm certain he'd have to identify the party he represents who is asserting this lawyer-client privilege.

14 posted on 11/07/2019 9:16:24 AM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: edwinland

The whistleblower “law” doesn’t apply to the President.

He’s not a civil service employee. He’s the elected Executive.

Somebody doesn’t like what he did they can go tell the Judiciary Committee of either house.


15 posted on 11/07/2019 9:26:10 AM PST by Regulator
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To: Alberta's Child

“and his “whistleblower” is actually a collection of individuals who are all privy to the President’s communications (either first-hand or second-hand) and who are trying to criminalize normal White House activities that are perfectly legal”

That’s a real possibility, and fits with Schiff’s Gonzo journalism “parodies” that he’s read to Congress.

Government by Hunter Thompson.


16 posted on 11/07/2019 9:27:56 AM PST by Regulator
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They changed the whistleblower law right before the complaint was made. It’s all a coup attempt.


17 posted on 11/07/2019 9:30:40 AM PST by TakebackGOP
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To: DarthVader

Ciaramilla, or Charlie, is in the upcoming VISA drop. He’s been under investigation since before whistleblower status. He is now in very deep. Trump; Where’s the whistleblower? Lolol!


18 posted on 11/07/2019 9:30:59 AM PST by usual suspect
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To: edwinland

Video clip at link:

https://twitter.com/BlazeTV/status/1192485069316902916

BlazeTV
Verified account

@BlazeTV

.@DonaldJTrumpJr confronts “The View” about ABC’s Epstein cover-up — on ABC.

“ABC is right now chasing down a whistleblower about all of the Epstein stuff because those stories were killed. So, if we’re going to have the conversation about the outrage about whistleblowers...”


19 posted on 11/07/2019 9:31:18 AM PST by maggief
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To: edwinland

“Whistleblowers” are only protected from firing or retribution. There is no requirement in any law (at present) to keep their identities secret.


20 posted on 11/07/2019 9:39:50 AM PST by livius
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