Whistleblower's Dilemma: Ukraine, Law And Morality

The Ukraine whistleblower is a CIA employee who was detailed to the White House. The whistleblower raised concerns about a phone call between former US President Donald Trump and Ukrainian President Volodymyr Zelenskyy, in which Trump appeared to solicit foreign interference in the 2020 US election. The whistleblower's complaint, which was made public in September 2019, alleged that Trump had used the power of his office to ask Zelenskyy to investigate his political rival, Joe Biden, and his son, Hunter Biden.

The whistleblower's complaint was made under the Intelligence Community Whistleblower Protection Act of 1998, which allows intelligence community whistleblowers to report wrongdoing in exchange for protection from retaliation. Under this law, the whistleblower's identity must be kept confidential, and they are protected from retaliation such as losing their job or security clearance.

However, there has been some debate about whether the whistleblower complied with the law's disclosure procedures. According to the New York Times, the whistleblower first approached a House Intelligence Committee staffer with vague accusations about the president before submitting a formal complaint to the inspector general. This has led to questions about whether the whistleblower skirted the law. Nonetheless, the whistleblower's complaint was found to be credible, and it sparked an impeachment inquiry into Trump, which ultimately led to his impeachment.

The whistleblower's identity

The identity of the Ukraine whistleblower has not been officially verified. However, it is known that the whistleblower is a CIA analyst and officer who, on 12 August 2019, filed a complaint with the US Office of the Intelligence Community Inspector General. The whistleblower's legal representatives have stated that revealing their client's identity would put them in physical danger.

The whistleblower's complaint was based on both "direct knowledge" and the accounts of more than "half a dozen US officials". The complaint alleged that President Trump abused the powers of his office for personal gain and put national security at risk, and that White House officials engaged in a cover-up.

The whistleblower spent several months guarded by the CIA's Security Protective Service, living in hotels, and travelling with armed officers. The CIA observed that "violent messages surged each time the analyst was targeted in tweets or public remarks by the president".

The whistleblower's complaint

The whistleblower complaint that sparked the Trump-Ukraine scandal was filed on August 12, 2019, by a CIA officer detailed to the White House. The whistleblower's complaint was based on their "direct knowledge of certain alleged conduct" and on the accounts of more than "half a dozen U.S. officials".

The complaint alleged that President Trump had abused the powers of his office for personal gain and endangered national security by pressuring a foreign country to interfere in the 2020 U.S. election. Specifically, the whistleblower accused Trump of soliciting Ukrainian President Volodymyr Zelenskyy to investigate his political rival, Joe Biden, and his son, Hunter Biden. The complaint also alleged that White House officials tried to cover up the details of a phone call between Trump and Zelenskyy on July 25, 2019, by moving records of the call to a highly classified system.

The complaint was eventually released to congressional intelligence committees on September 25, 2019, and a redacted version was made public the next day. The release of the complaint, along with a memorandum of the July 25 phone call, sparked a firestorm on Capitol Hill, with dozens of Democratic lawmakers coming out in support of an impeachment inquiry.

The whistleblower's identity has remained mostly anonymous, and their lawyers have emphasised the importance of keeping their client anonymous to protect them from harm. However, it has been revealed that the whistleblower is a male CIA officer.

The Intelligence Community Whistleblower Protection Act of 1998 governs intelligence whistleblowers and provides protection from retaliation. Under this law, whistleblowers must report violations of the law, not differences of opinion over public policy, and they are protected from retaliation such as losing their job or security clearance.

While the whistleblower in the Trump-Ukraine scandal followed the correct procedures in filing their complaint, some have questioned whether they skirted the law by first approaching a House Intelligence Committee staffer with vague accusations about the President. However, it is important to note that the whistleblower's actions do not appear to break any laws and demonstrate their determination to make their allegations known.

The legality of the whistleblower's actions

The legality of the Ukraine whistleblower's actions has been the subject of much debate. The whistleblower, a CIA employee detailed to the White House, filed a complaint in August 2019, alleging that then-U.S. President Donald Trump had abused his power by soliciting foreign interference in the 2020 U.S. election from Ukrainian President Volodymyr Zelenskyy. Specifically, the whistleblower accused Trump of pressuring Zelenskyy to investigate his political rival, Joe Biden, and Biden's son, Hunter Biden. This allegation sparked a formal impeachment inquiry into Trump, which ultimately led to his impeachment by the House of Representatives on charges of abusing his power and obstructing Congress.

In terms of the legality of the whistleblower's actions, there has been some debate as to whether the whistleblower followed the correct procedures in reporting their concerns. The Intelligence Community Whistleblower Protection Act of 1998 outlines the process that whistleblowers in the intelligence community must follow when reporting wrongdoing. This includes reporting concerns through a specific system and prohibits whistleblowers from going directly to Congress without first submitting a complaint to the inspector general.

In the case of the Ukraine whistleblower, it was reported by the New York Times that the whistleblower first approached a House Intelligence Committee staffer with vague accusations before filing a formal complaint with the inspector general. This led to accusations that the whistleblower had skirted the law by not following the correct procedures. However, the whistleblower's lawyers argued that their client had followed the law and that their actions showed their determination to make their allegations known.

Another legal protection afforded to whistleblowers is anonymity. The Intelligence Community Whistleblower Protection Act prohibits the inspector general from disclosing the identity of the whistleblower unless it is unavoidable. The whistleblower in the Ukraine case has remained largely anonymous, but their identity was reportedly revealed by the New York Times as a male CIA officer. The whistleblower's lawyers have emphasised the importance of maintaining their client's anonymity to protect their safety and have threatened legal action if their client's identity is revealed.

Overall, while there may be some debate about the exact procedures followed by the Ukraine whistleblower, their actions ultimately led to the exposure of potential wrongdoing by a sitting U.S. president and sparked a formal impeachment inquiry. As such, the whistleblower's actions can be seen as having been in the public interest and protected by whistleblower protection laws.

The legality of Trump's actions

Trump was accused of withholding military aid to Ukraine in an attempt to obtain quid pro quo cooperation from Ukrainian President Volodymyr Zelenskyy. The aid was congressionally-mandated and amounted to $400 million. Trump's administration notified Congress of their intention to release the aid in February and May 2019, but in June, the aid was placed on hold.

Trump's actions were deemed by some to be an abuse of executive power and an unambiguous violation of the law. Under US election law, it is illegal to seek the help of foreign entities for personal political gain.

The whistleblower complaint, which was eventually released to the public, alleged that Trump had abused the power of his office for personal gain and put national security at risk. It also alleged that White House officials had tried to cover up the details of the call.

The White House corroborated the allegations raised by the whistleblower, and a transcript of the call between Trump and Zelenskyy confirmed that Trump had requested investigations into Joe Biden and his son, Hunter Biden.

Despite this, the Department of Justice concluded that the call did not constitute a campaign finance violation. Trump denied all wrongdoing and offered various reasons for withholding the aid, including corruption in Ukraine and a lack of financial contributions from other nations.

In January 2020, the Government Accountability Office, a non-partisan watchdog, concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine.

Trump was impeached on charges of abusing the power of his office and obstructing Congress but was later acquitted by the Senate.

The impeachment process

Phase 1: Impeachment inquiry

The House investigates through an impeachment inquiry.

Phase 2: Impeachment

The House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".

Phase 3: Trial

The Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States, presides. Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. The result of conviction is removal from office and, by a separate vote, disqualification from holding any federal office in the future.

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