Obama's Whistleblower Law Violation: What Really Happened?

Barack Obama's record on whistleblower laws has been the subject of much scrutiny and criticism. On the one hand, Obama signed the Whistleblower Protection Enhancement Act into law in 2012, which strengthened protections for federal whistleblowers and, for the first time, allowed them to sue for damages if they were victims of reprisal. Obama also issued Presidential Policy Directive 19, an executive order extending whistleblower protections to national security and intelligence employees.

However, Obama's administration also prosecuted more whistleblowers under the Espionage Act than any previous president, earning him a reputation for waging a war on whistleblowers. Critics argue that Obama failed to protect whistleblowers in the intelligence community, such as Edward Snowden, and that his administration sent a strong warning to intelligence sector employees to avoid going to the press with leaks.

Obama's war on whistleblowers

As a presidential candidate in 2008, Barack Obama promised to strengthen whistleblower laws for federal workers. However, his administration's record on press freedoms and its unprecedented crackdown on whistleblowers have led many to view his tenure as a war on whistleblowers.

Obama's Promises

Obama pledged to speed up the review process for whistleblower claims and grant whistleblowers full access to jury trials and due process. He took some steps to fulfil these promises, signing both a 2012 law and an executive order increasing whistleblower protection rights, particularly for federal employees. The Whistleblower Protection Enhancement Act strengthened existing protections, allowed whistleblowers to sue for damages if they had been victims of reprisal, and created government offices to support legitimate cases. Presidential Policy Directive 19, an executive order, expanded these protections to national security and intelligence employees.

Criticisms

Despite these improvements, Obama has faced strong criticism for his administration's treatment of whistleblowers. Under Obama, there were more prosecutions under the Espionage Act than under all previous presidents combined, with a particular focus on national security whistleblowers. The Espionage Act, a World War I-era law, does not allow defendants to argue that their disclosures were in the public interest or expose wrongdoing. The law has been criticised as antiquated and in need of reform.

Obama's administration has also been accused of applying a double standard, with high-level figures such as General David Petraeus receiving lenient treatment for leaks, while low-level officials without political connections have faced harsh punishment.

Journalists have also been caught in the crosshairs, with investigators seeking phone records, threatening jail time, and naming reporters as co-conspirators in leak cases. Rights groups and whistleblower advocates argue that the Obama administration's use of the Espionage Act has created a chilling effect, discouraging potential whistleblowers from disclosing information.

While Obama did take some steps to strengthen whistleblower protections, particularly for federal employees, his administration's aggressive pursuit of leak cases and disproportionate use of the Espionage Act have led many to view his tenure as a war on whistleblowers. This perception has been reinforced by a perceived double standard in the treatment of high- and low-level officials and the negative impact on press freedoms.

The Espionage Act and Obama's use of it

The Espionage Act of 1917 was used with "unprecedented vigor" by the Obama administration to prosecute leakers and whistleblowers. The Obama Justice Department took aggressive steps to keep information from the public, including seizing phone records of journalists and their sources.

Under Obama, there were eight prosecutions under the Espionage Act—more than double the number of prosecutions under all previous presidents combined. This included the prosecution of whistleblowers like Stephen Kim, Chelsea Manning, Jeffrey Sterling, and John Kiriakou, who were charged with leaking sensitive information to the press.

Obama's use of the Espionage Act to target leakers and whistleblowers has been criticized as a "war on whistleblowers" and an attack on press freedom. His administration was accused of having a "profound double standard," letting high-level officials like General David Petraeus and Leon Panetta off with minor punishments or no consequences at all.

While Obama did sign the Whistleblower Protection Enhancement Act into law in 2012 and issued an executive order, Presidential Policy Directive 19, to expand whistleblower protections, his overall record on whistleblower rights is mixed. On the one hand, he improved conditions for federal whistleblowers and expanded protections for national security and intelligence employees. On the other hand, he failed to deliver on his 2008 campaign promise to grant whistleblowers full access to jury trials and did not provide protections for contractors like Edward Snowden.

Obama's failure to protect intelligence community whistleblowers

In 2008, Barack Obama promised to strengthen whistleblower laws for federal workers, including speeding up the review process for claims and granting whistleblowers full access to jury trials and due process. While Obama did take steps to improve protections for federal whistleblowers, his administration fell short when it came to protecting those in the intelligence community.

One notable example is the case of Edward Snowden, a former NSA contractor who leaked details of the US government's massive surveillance program. At a news conference, Obama gave the impression that his executive order could have protected Snowden against retaliation. However, the presidential policy directive (PPD-19) that Obama signed did not cover government contractors like Snowden. This discrepancy was criticised by experts in the field, who argued that Obama “badly misled the American people".

During Obama's presidency, there was a record number of cases against those who revealed sensitive information. Under Obama, eight whistleblowers were prosecuted under the Espionage Act, more than under all previous presidents combined. This included the prosecution of lower-level officials like Stephen Kim, while high-level figures like General David Petraeus were treated more leniently, leading to accusations of a "profound double standard".

Obama's executive order, PPD-19, was meant to address concerns that whistleblowers in intelligence agencies lacked legal protections. The order banned retaliation against whistleblowers in several intelligence agencies and directed these agencies to establish procedures for protecting employees who report waste, fraud, and abuse. However, it did not provide whistleblowers with access to jury trials and did not cover workers in the intelligence community.

Furthermore, Obama's executive order encouraged whistleblowers to keep their complaints internal or go to Congress, rather than going to the media. Those who chose to go to the media found the limits of the policy and faced prosecution under the Espionage Act. This sent a strong warning to anyone in the intelligence sector to avoid speaking to the press.

While Obama's actions improved protections for some federal whistleblowers, his failure to adequately protect those in the intelligence community, like Edward Snowden, represents a significant shortcoming.

Obama's crackdown on journalists

During his presidency, Barack Obama was criticised for his administration's "war on whistleblowers and official leakers". Obama's crackdown on journalists was labelled by some as the most oppressive since Richard Nixon.

Obama's administration prosecuted more leakers under the 1917 Espionage Act than all former presidents combined. Journalists and news organisations were subpoenaed and surveilled during these investigations, and leaks to the media were equated with espionage.

The Insider Threat Program, launched in October 2011, was an unprecedented initiative that required federal employees to monitor their colleagues for "high-risk persons or behaviours". This program was criticised for creating a toxic work environment, and for discouraging whistleblowing and creative thinking.

The Obama administration's policies were seen to have undermined the role of the press in three key ways:

• The war on leaks intimidated whistleblowers and ensnared journalists.
• The administration fought against the release of essential information, such as the Justice Department's "drone memo".
• Revelations about the scope of the NSA surveillance program inhibited journalists' ability to communicate with their sources.

Despite these criticisms, some have labelled the Obama administration as a friend to whistleblowers, drawing a distinction between legitimate whistleblowers who use internal systems to address wrongdoing, and leakers who illegally make classified information public.

Obama's double standards on whistleblowing

Barack Obama's record on whistleblowing has been described as a historic war on whistleblowers. During his presidency, more people were investigated and prosecuted for leaks than under all other US presidents combined. Eight whistleblowers were prosecuted under the World War I-era Espionage Act, more than under all previous presidents combined.

However, Obama's actions on whistleblower laws are mixed. As a candidate in 2008, he promised to strengthen whistleblower laws for federal workers by speeding up the review process for claims and granting whistleblowers full access to jury trials and due process.

Obama signed both a 2012 law and an executive order increasing whistleblower protection rights, and overall conditions for federal employees improved greatly. The Whistleblower Protection Enhancement Act strengthened and expanded existing protections for whistleblowers and, for the first time, allowed them to sue for damages if they had been victims of reprisal. More workers could claim whistleblower status and find support from government offices created to back up their cases.

Obama also issued Presidential Policy Directive 19, which extended whistleblower protections to national security and intelligence employees. This was the first time that workers with access to classified information could benefit from free speech protections.

Despite these improvements, Obama's administration launched a record number of cases against those who revealed what the government wanted to keep secret. Journalists were also caught in the crosshairs, with investigators seeking phone records and threatening jail time.

The frequency of Espionage Act cases under Obama earned him the reputation of waging a war on whistleblowers. His administration's use of the act has been described as a misinterpretation of the laws that has had a chilling effect on potential whistleblowers.

There is also a perception of a double standard, with government-approved leaks commonplace in Washington, DC, and not leading to prosecution. In contrast, whistleblowers who reveal embarrassing or damaging information about an agency are often treated harshly.

The case of General David Petraeus, who pleaded guilty to disclosing classified information to his mistress, has been cited as an example of this double standard. Petraeus received only two years of probation, while other whistleblowers have faced lengthy prison sentences.

In summary, while Obama took some steps to strengthen whistleblower protections, his administration's aggressive pursuit of leakers and use of the Espionage Act has led to perceptions of a double standard and a chilling effect on whistleblowing.

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