Whistleblowing in the Intelligence Community Legal and Practical Challenges

Whistleblowing in the Intelligence Community (IC) is a matter of national security and of increasing public interest and concern. Drawing from their extensive practical experience, the panelists will discuss the legal landscape of IC whistleblower rights and protections and address the challenges that government and private sector counsel face when attempting to validate and resolve whistleblower allegations. Among these key challenges are those relating to preserving essential anonymity and preventing retaliation, protection of classified information, and addressing competing interests among government elements, employees, and the public.

During this American Bar Association (ABA) panel, panelists will address questions such as:

• What are the obligations of IC general counsels, IG's, and whistleblowers when faced with competing executive and legislative branch approaches to handling information about whistleblower complaints?
• What steps can be taken to incentivize individuals to trust whistleblower processes?
• Is it ever appropriate for an intelligence officer to "go public" with a whistleblower complaint if following the established procedures hasn't been effective?
• How are legal whistleblowers different from those who leak classified information?