Question

Scenario:

Around September, one year ago, an employee in the United States Government became a celebrated anonymous whistleblower who disclosed the unethical dealings by the President of the United States. The whistleblower alleged that the President sought foreign interference in the US 2020 elections on a July phone call with the President of Ukraine, Volodymyr Zelensky.

Requirement:

Without digging into the facts of the case, discuss the laws surrounding the issue of whistleblowing and whether as the President alleged, the whistleblower had committed a treasonous act.

Answer 1

Defining Whistleblowing

Whistleblowing has many different facets. Amoung other things, it can be an act of free speech, an anti-corruption tool, and an internal managment dispute mechanism.

Issue of whistleblowing

Whistleblowing is a key tool in fighting corruption. By promising that their rights will be protected, employees and others who are familiar with the inner workings of an organisation and are in position to see when corruption occurs, will feel more willing to expose those problems to those who are in a position to remedy it, or more generally to the public. Whistleblowers often face severe repercussions for their actions. They lose their jobs or are ostracized for their activities. Some are charged with crimes for violating laws or employment agreements. In extreme cases, they face physical danger. Over 30 countries around the world have adopted legal regimes to encourage these important disclosures and protect the whistleblowers from retribution. Many international agreements and treaties on anti-corruption including the Council of Europe and UN Convention Against Corruption now include requirements that nations adopt these laws. Many organisations are also adopting internal rules to facilitate disclosures. This paper reviews whistleblower legislation from around the world and proposes standards that should be adopted by nations in their own legislation

Utility of Whistleblowing

Whistleblowers often reveal information that is critically important for public life. In China, Dr. Jiang Yanyong revealed the extent of the spread of the SARS virus and potentially saved millions of lives by alerting the public, after being ordered by the authorities not to reveal the information.Other disclosures are essential to promote political accountability. Allan Cutler, a Canadian bureaucrat, disclosed suspicions of fraud that led to the revealing of millions of misspent public funds in a sponsorship.

White House Knew of Whistle-Blower’s Allegations Soon After Trump’s Call With Ukraine Leader

The whistle-blower, a C.I.A. officer detailed to the White House at one point, first expressed his concerns anonymously to the agency’s top lawyer.

The White House learned that a C.I.A. officer had lodged allegations against President Trump’s dealings with Ukraine even as the officer’s whistle-blower complaint was moving through a process meant to protect him against reprisals, people familiar with the matter said on Thursday.

The officer first shared information about potential abuse of power and a White House cover-up with the C.I.A.’s top lawyer through an anonymous process, some of the people said. The lawyer shared the officer’s concerns with White House and Justice Department officials, following policy. Around the same time, the officer separately filed the whistle-blower complaint.

The revelations provide new insight about how the officer’s allegations moved through the bureaucracy of government. The Trump administration’s handling of the accusations is certain to be scrutinized, particularly by lawmakers weighing the impeachment of the president.