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Was the whistleblower in the Ukraine scandal legally required to make his report?

What is the point of impeaching Trump?Are there protections in place for NSA whistleblowers, and have they ever been used to protect anyone?Do previous presidents/elected officials retain security clearance after they leave office?Who was the reporter to whom Donald Trump said “You're fake news”?Can the Freedom of Information Act (FOIA) be used to force Trump to release his tax returns?How can I find the name of a bill mentioned in the press?What was the TOP SECRET information in the Nunes Memo?Was the Walsh special counsel report (on the Iran Contra) released completely uncensored?Why isn't the Mueller report being released completely and unredacted?Did the IG’s office say its audit of the use of Confidential Human Sources was prompted by Trump?

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4

When talking about impeaching Trump, everyone mentions a whistleblower. I am under the impression that this means that who he is is not public information.
If he knew such sensitive information, was he required by law to turn it over?

united-states law donald-trump impeachment whistleblowers

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edited 6 hours ago

grovkin

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  Okay, there are too many questions here, and the answers for each are quite different from one another. Could you clean this up into a single focused question? Also, the topic title is not very helpful at all.
  
  – klojj
  8 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  4
  

  
  
  
  
  
  

  
  
  Welcome to Politics SE! I saw two questions in your original post. The first question, about whether he's required by law to turn this evidence over, is fair game on this site. However, I removed the bit where you appeared to be asking about what his internal motivations could be, which is off-topic on this site.
  
  – Joe C
  7 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Thanks for your help!
  
  – Burt
  7 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  I'm voting to close this question as off-topic because it's clearly a question about law rather than the process of governing. It belongs on law.SE much more than it does on politics.SE.
  
  – grovkin
  6 hours ago
  

  
  
  
  

add a comment
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4

When talking about impeaching Trump, everyone mentions a whistleblower. I am under the impression that this means that who he is is not public information.
If he knew such sensitive information, was he required by law to turn it over?

united-states law donald-trump impeachment whistleblowers

share|improve this question

edited 6 hours ago

grovkin

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asked 8 hours ago

BurtBurt

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New contributor

Burt is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  Okay, there are too many questions here, and the answers for each are quite different from one another. Could you clean this up into a single focused question? Also, the topic title is not very helpful at all.
  
  – klojj
  8 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  4
  

  
  
  
  
  
  

  
  
  Welcome to Politics SE! I saw two questions in your original post. The first question, about whether he's required by law to turn this evidence over, is fair game on this site. However, I removed the bit where you appeared to be asking about what his internal motivations could be, which is off-topic on this site.
  
  – Joe C
  7 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Thanks for your help!
  
  – Burt
  7 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  I'm voting to close this question as off-topic because it's clearly a question about law rather than the process of governing. It belongs on law.SE much more than it does on politics.SE.
  
  – grovkin
  6 hours ago
  

  
  
  
  

add a comment
 | 

When talking about impeaching Trump, everyone mentions a whistleblower. I am under the impression that this means that who he is is not public information.
If he knew such sensitive information, was he required by law to turn it over?

united-states law donald-trump impeachment whistleblowers

share|improve this question

edited 6 hours ago

grovkin

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asked 8 hours ago

BurtBurt

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Burt is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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share|improve this question

edited 6 hours ago

grovkin

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asked 8 hours ago

BurtBurt

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edited 6 hours ago

grovkin

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asked 8 hours ago

BurtBurt

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edited 6 hours ago

grovkin

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edited 6 hours ago

grovkin

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2 Answers
2

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3

At the very least there is an ethical obligation to report.

Standards of Ethical Conduct for Employees of the Executive Branch:

§ 2635.101 Basic obligation of public service.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part.

(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate
authorities.

However, there is, apparently, no legal requirement, except for certain individuals. (Note that the following applies to felonies.)

In the article Misprision of felony specificlly:

United States federal law:

"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This offense, however, requires active concealment of a known felony rather than merely failing to report it.

...

The federal misprision of felony statute is usually used only in prosecutions against defendants who have a special duty to report a crime, such as a government official.

It appears that, if the whistleblower is a government official, there is a legal obligation to report; otherwise, no.

share|improve this answer

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

add a comment
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3

Reportedly the whistle-blower is a CIA officer.

CIA officers take the United States Uniformed Services Oath of Office, which requires them to defend the US Constitution against all enemies, foreign and domestic.

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

If they bore witness to something that they swore to protect the Constitution against, it would be a violation of their oath of office not to report it.

It's tough to say if they would face specific charges for failing to serve that oath, but it's not something to be take lightly and failing to serve that oath could be grounds for being removed from office.

share|improve this answer

edited 6 hours ago

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  So how much jail time do they serve if they don't report it? Or do they have to pay a fine? The question was whether they had a legal obligation to report it. You haven't cited a relevant law.
  
  – grovkin
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @grovkin You want citations now?
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  yes, if you have them. Otherwise, do go ahead an erase this as a non-answer, please.
  
  – grovkin
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @grovkin I have more citations that your posts over here. Maybe you should take your own advice and delete it...
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @grovkin I'm sorry, but asking someone to delete their answer for reasons they refuse to delete their own answer is just trolling.
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  

 | 
show 1 more comment

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3

At the very least there is an ethical obligation to report.

Standards of Ethical Conduct for Employees of the Executive Branch:

§ 2635.101 Basic obligation of public service.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part.

(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate
authorities.

However, there is, apparently, no legal requirement, except for certain individuals. (Note that the following applies to felonies.)

In the article Misprision of felony specificlly:

United States federal law:

"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This offense, however, requires active concealment of a known felony rather than merely failing to report it.

...

The federal misprision of felony statute is usually used only in prosecutions against defendants who have a special duty to report a crime, such as a government official.

It appears that, if the whistleblower is a government official, there is a legal obligation to report; otherwise, no.

share|improve this answer

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

add a comment
 | 

3

At the very least there is an ethical obligation to report.

Standards of Ethical Conduct for Employees of the Executive Branch:

§ 2635.101 Basic obligation of public service.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part.

(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate
authorities.

However, there is, apparently, no legal requirement, except for certain individuals. (Note that the following applies to felonies.)

In the article Misprision of felony specificlly:

United States federal law:

"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This offense, however, requires active concealment of a known felony rather than merely failing to report it.

...

The federal misprision of felony statute is usually used only in prosecutions against defendants who have a special duty to report a crime, such as a government official.

It appears that, if the whistleblower is a government official, there is a legal obligation to report; otherwise, no.

share|improve this answer

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

add a comment
 | 

At the very least there is an ethical obligation to report.

Standards of Ethical Conduct for Employees of the Executive Branch:

§ 2635.101 Basic obligation of public service.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part.

(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate
authorities.

However, there is, apparently, no legal requirement, except for certain individuals. (Note that the following applies to felonies.)

In the article Misprision of felony specificlly:

United States federal law:

"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This offense, however, requires active concealment of a known felony rather than merely failing to report it.

...

The federal misprision of felony statute is usually used only in prosecutions against defendants who have a special duty to report a crime, such as a government official.

It appears that, if the whistleblower is a government official, there is a legal obligation to report; otherwise, no.

share|improve this answer

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

share|improve this answer

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

answered 6 hours ago

Rick SmithRick Smith

3,33611 gold badge99 silver badges2828 bronze badges

3

Reportedly the whistle-blower is a CIA officer.

CIA officers take the United States Uniformed Services Oath of Office, which requires them to defend the US Constitution against all enemies, foreign and domestic.

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

If they bore witness to something that they swore to protect the Constitution against, it would be a violation of their oath of office not to report it.

It's tough to say if they would face specific charges for failing to serve that oath, but it's not something to be take lightly and failing to serve that oath could be grounds for being removed from office.

share|improve this answer

edited 6 hours ago

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  So how much jail time do they serve if they don't report it? Or do they have to pay a fine? The question was whether they had a legal obligation to report it. You haven't cited a relevant law.
  
  – grovkin
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @grovkin You want citations now?
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  yes, if you have them. Otherwise, do go ahead an erase this as a non-answer, please.
  
  – grovkin
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @grovkin I have more citations that your posts over here. Maybe you should take your own advice and delete it...
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @grovkin I'm sorry, but asking someone to delete their answer for reasons they refuse to delete their own answer is just trolling.
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  

 | 
show 1 more comment

3

Reportedly the whistle-blower is a CIA officer.

CIA officers take the United States Uniformed Services Oath of Office, which requires them to defend the US Constitution against all enemies, foreign and domestic.

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

If they bore witness to something that they swore to protect the Constitution against, it would be a violation of their oath of office not to report it.

It's tough to say if they would face specific charges for failing to serve that oath, but it's not something to be take lightly and failing to serve that oath could be grounds for being removed from office.

share|improve this answer

edited 6 hours ago

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  So how much jail time do they serve if they don't report it? Or do they have to pay a fine? The question was whether they had a legal obligation to report it. You haven't cited a relevant law.
  
  – grovkin
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @grovkin You want citations now?
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  yes, if you have them. Otherwise, do go ahead an erase this as a non-answer, please.
  
  – grovkin
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @grovkin I have more citations that your posts over here. Maybe you should take your own advice and delete it...
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @grovkin I'm sorry, but asking someone to delete their answer for reasons they refuse to delete their own answer is just trolling.
  
  – CrackpotCrocodile
  6 hours ago
  

  
  
  
  

 | 
show 1 more comment

Reportedly the whistle-blower is a CIA officer.

CIA officers take the United States Uniformed Services Oath of Office, which requires them to defend the US Constitution against all enemies, foreign and domestic.

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

If they bore witness to something that they swore to protect the Constitution against, it would be a violation of their oath of office not to report it.

It's tough to say if they would face specific charges for failing to serve that oath, but it's not something to be take lightly and failing to serve that oath could be grounds for being removed from office.

share|improve this answer

edited 6 hours ago

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges

share|improve this answer

edited 6 hours ago

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges

answered 7 hours ago

CrackpotCrocodileCrackpotCrocodile

2,69077 silver badges2424 bronze badges