Gregg Jarrett: Why Leaker Soy Boy is Neither a WB nor Entitled to Anonymity

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nowhere in the Intelligence Community Whistleblower Protection Act (ICWPA) is anonymity even mentioned. Nor is it found in Presidential Policy Directive 19, which also provides specific whistleblower protections.

The Inspector General Act of 1978 prohibits the inspector general from releasing the name of a complainant, but this applies to no one else.

Under this framework, whistleblowers are granted certain rights against retaliation or reprisal in the workplace. In other words, they cannot be demoted, transferred, fired or otherwise penalized for filing a complaint that meets the statutory whistleblower requirements.

However, identity protection is neither provided for, nor contemplated, anywhere in the language.

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As I first explained in a column six weeks ago, the so-called “whistleblower” is not a whistleblower at all. The complaint he filed against President Trump does not meet the two requisite conditions set forth in the ICWPA. That is, the alleged wrongful conduct must involve intelligence activity and it must be committed by a member of the intelligence community.

This was meticulously explained in an 11-page opinion by the Justice Department’s Office of Legal Counsel (OLC) when it issued the following opinion: “The president is not a member of the intelligence community, and his communication with a foreign leader involved no intelligence operation or other activity aided at collecting or analyzing foreign intelligence.”

The OLC opinion made it clear that the complaint by the so-called “whistleblower” regarding Ukraine was so deficient that Congress should never have been notified. The acting director of national intelligence agreed with this assessment. The legal analysis and reasoning was sound.

In our constitutional form of government, the president is a unitary executive. He is not a member of any department or agency – they report to him.

To put it plainly, there is no whistleblower statute that permits an unelected and inferior federal employee to blow the whistle on the president, the most superior officer in the U.S. government.

Article II of the Constitution gives the president sweeping power to conduct foreign affairs, negotiate with leaders of other nations, make requests or solicit information.

The Constitution does not grant the power of review, approval or disapproval to bureaucratic employees. Indeed, the whistleblower law explicitly excludes a complaint involving “differences of opinion concerning public policy matters.”

So what should we call the fake “whistleblower”? It is more accurate to describe him as an undercover informant acting as a Democratic operative who spied on President Trump by gathering hearsay information intended to damage him.

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