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Reply #49: Wrong, the Whistleblower Protection Act permits disclosure to anyone [View All]

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bananas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-10 11:02 AM
Response to Reply #41
49. Wrong, the Whistleblower Protection Act permits disclosure to anyone
"The Whistleblower Protection Act permits disclosure to be made not only to another official of the Executive branch, but to anyone--a reporter, a Member of Congress, an interest group, etc. This has been well-supported by case law."

http://whistleblower.org/blog/31-2010/570-why-wikileaks... -


Why WikiLeaks? Exhibit A: Thomas Drake
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by Jesselyn Radack on May 20, 2010 ( The Whistleblogger / 2010 )

<snip>

Although the Whistleblower Protection Act of 1989 specifically permits a government employee to make disclosures of any information

(A) which the employee . . . reasonably believes evidences --
(i) a violation of any law, rule, or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety . . .

5 U.S.C. 2302(b)(8)(A)(i)-(ii), and prohibits retaliation for such disclosures, that has not stopped the government from mercilessly crucifying whistleblowers.

The Whistleblower Protection Act permits disclosure to be made not only to another official of the Executive branch, but to anyone--a reporter, a Member of Congress, an interest group, etc. This has been well-supported by case law. See Horton v. Department of Navy, 66 F.3d 279, 282 (Fed. Cir. 1995 (noting that disclosures to the press are protected disclosures); see also H.R. Rep. No. 100-413, at 12-13 (1988) (listing media as an independent entity such as Congress, to which disclosures may be made. In fact, it has been held that

complaints to a supervisor about the supervisor's own conduct are not disclosures covered by the WPA, but . . . disclosures to the press are protected.

Huffman v. Office of Personnel Management, 263 F.3d 1341, 1344, 1351 (Fed. Cir. 2001).


But people who have made (what we thought were anonymous) disclosures to the media, including myself (discovery abuse in the case of "American Taliban" John Walker Lindh) and Thomas Tamm (NSA illegal warrantless wiretapping) have been made targets of brutal federal criminal "leak investigations."

<snip>

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