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progressoid

(49,991 posts)
Fri Dec 27, 2019, 10:40 PM Dec 2019

Fast Facts on Legal Accountability for Outing the Anonymous Whistleblower

Donald Trump, Jr. and others’ enthusiastic efforts to expose the anonymous impeachment whistleblowers are felonies under relevant whistleblower laws, and the President has liability for launching their campaign through his own demands. While commentators are right that the whistleblower cannot file a retaliation lawsuit, that does not make this campaign legal. Based on federal law, whistleblower retaliation should be another Article of Impeachment.

1. Obstructing a congressional investigation is a felony. 18 USC 1505 has been on the books since 1948. It makes it a felony with five year’s imprisonment to engage in communications that “endeavor to influence, obstruct, or impede” any “any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress.”

Exposing the anonymous whistleblower violates this law by trying to influence, obstruct, and impede a congressional investigation. Congressional oversight generally, and the impeachment investigation in particular, require a free flow of information from knowledgeable Executive branch employees. That is why Congress passed the Lloyd Lafollette Act of 1912 to protect all congressional communications. That is a primary reason why Congress repeatedly has unanimously approved rights in the Whistleblower Protection Act.

It is beyond credible disagreement that exposing the anonymous whistleblower will have a chilling effect on others who want to defend the law but are afraid of retaliation. The President’s exposure campaign attempts to influence proceedings, by scaring off witnesses whose testimony challenges the President’s actions. That obstructs a balanced record, and impedes achieving a complete record.

2. Tampering with a federal witness is obstruction of justice and a felony. 18 USC 1512 has been on the books since 1982...


...more...https://whistleblower.org/blog/fast-facts-on-legal-accountability-for-outing-the-anonymous-whistleblower/

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Fast Facts on Legal Accountability for Outing the Anonymous Whistleblower (Original Post) progressoid Dec 2019 OP
But, who would prosecute them for it? AdamGG Dec 2019 #1
Agreed. progressoid Dec 2019 #4
+100 Duppers Dec 2019 #5
("Lock him up ! Lock him up!") fierywoman Dec 2019 #2
Bookmarking. calimary Dec 2019 #3
How is this not a TOS violation on Twitter ? N/T FreeState Dec 2019 #6

AdamGG

(1,292 posts)
1. But, who would prosecute them for it?
Fri Dec 27, 2019, 11:39 PM
Dec 2019

Not the Justice Dept. under Barr. One thing I haven't heard in the Presidential debates is a discussion of how aggressively they would prosecute the Trump administration. Maybe that's a smart thing to avoid talking about if they want to pick up swing votes in the general election, but I really hope the corruption of this administration is investigated thoroughly.

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