Here’s a good
Slate article concerning whistleblowers:
QUOTE
Are you allowed to leak government secrets to expose an illegal act?
No. According to federal whistle-blower protection law, members of the intelligence community are not protected if they divulge classified information to anyone without the proper security clearance, even if they think they have evidence of a crime. They can, however, pass along what they know to higher-ups and internal auditors within the bureaucracy without fear of retaliation. Provided they go through the proper channels, they can also spill the beans to a member of Congress who has the appropriate clearance.
If identified, the Times' leakers might argue that the information they divulged was improperly classified. Executive Order 13292, which covers secret national-security information, says that nothing can be classified so as to "conceal violations of law, inefficiency, or administrative error." With this in mind, they might claim that the domestic wiretap information wasn't actually secret, since it had been classified incorrectly.
Executive Order 13292 also says that if you're authorized to have classified information and that you, "in good faith, believe its classification status is improper," you are "encouraged and expected to challenge the classification status." That means that you should pass along your concern to higher-ups or an appeals panel, without fear of retribution. Federal employees also have a general obligation to pass along evidence of official misconduct through official channels. … This obligation wouldn't apply to leaks to the press unless the information had been improperly classified.
National security whistle-blowers are rarely brought up on criminal charges, since it's very hard for the government to prove that a leaker intended to break the law. (Only one official has ever been convicted of leaking classified information to the press.) The whistle-blowers are more likely to face administrative sanctions—they might lose their security clearance, for example, or get fired.
QUOTE(Amlord @ Jan 11 2006, 01:52 PM)
What he should have done was bring his complaint to his Senator or Representative, which would have avoided the crime of disclosing classified information.
How? If Rockefeller (D-WV) can be believed Bush forbade discussing the super duper extra secret program with other ranking members on the Senate Intelligence Committee. That’s what is supposed to happen. Graham (D-FL) was committee chairman at the time. He says he wasn’t informed. How should we believe Tice was told different?
Is this a violation of our constitutional rights? Why or why not?Yes. I’ll just refer to the
first thread.
What outcome do you believe a congressional investigation into the matter will have? SCOTUS review is necessary since confusion is abound on FISC’s ruling of two PATRIOT amendments to FISA as constitutional. SCOTUS
may clear Tice if he can prove proper channels of communication were blocked. I won’t hold out for the alternative, sentencing Tice
and Bush/Cheney.