Legal Law

Blow that whistle!

America is a land of the free, guided by laws that protect civilized conduct. Americans can dial 911 if they see problems and help will arrive. After the September 11 attack in the United States, the New York Transit Authority issued an advisory. “If you see something, say something.” Public safety was worth all the efforts.

The complex United States government does not have such useful tools for reporting problems. Instead, it has the Whistleblower Protection Act of 1989 that requires federal employees to report suspected misconduct.

Those in government are elected, appointed, or dedicated as career professionals. The elected reflect the voice of the people in theory. They are actually chosen based on the money raised for the campaigns. That works in conjunction with visibility in the air and in appearances. Appointees are chosen by elected officials based on campaign donations, often through mutual contacts. In contrast, career professionals entered the government to develop skills in the service of the country.

The ingenious American Constitution entrusted the government to three equal branches to act as controls over the others. The Congress makes the laws, the Executive puts them into practice and the Judiciary decides the course of action in case of conflict between the other two. If the president wants a program that Congress does not want to fund, the courts will decide the matter in a sequence of legal steps. That established procedure is now reversed by Donald Trump as head of the Executive Branch.

Donald Trump took office as a nonconformist. He was already known as a dangerous business mogul known for circumventing the law. He channeled that skill into entertainment as a media celebrity who called the terrible verdict of “You are fidtod!” about the contestants on his show. He carried that brand to the White House and beyond, particularly after he ousted an Attorney General who headed the judiciary and replaced him with one who considered the presidential powers to be unlimited.

Thus, two branches of government pledged to a widely contested position that led to a complicated impeachment process by a Trump base applauding Trump’s brash style of defying constitutional laws and norms. That point of view seems to hold that anything goes. Trump was elected businessman. You now have the highest powers in the country and you have the right to seize every opportunity.

The American majority asserts that the great American presidential powers were destined to be used in the service of public error. They were not to be wasted for personal gain.

Half of Congress agrees with the majority opinion. The House maintains that, according to the Constitution, the presidential powers are subject to the supervision of the other two branches of government. However, the Senate and the other two branches of government are leaning towards the Executive led by Trump. That speeds the bumpy road ahead, particularly as the Trump brand is virulent.

Donald Trump shames, lies, threatens and acts in secret. With the help of the judiciary, Trump has extended his grip on the abuse of America’s presidential powers to the world at large. Your response to the legal proceedings to stop you simply states that you will not cooperate. His tweets and changes of position have led to a chaos that finds its relief in leaks to the press. In return, he threatens polygraph tests for everyone in his administration. The only way out of the quagmire is for whistleblowers to say what they see with respect to the rule of law.

Even in less virulent times, whistleblowers go through agony before acting. They observe, question their perception, and reflect on the wisdom of divulging what they suspect. They take a step, perhaps they run into an obstacle, they back off, they reconsider, and then they act according to every dictate of life that they have committed to.

That decision must be excruciating. Whistleblowers have nothing to gain and everything to lose by presenting what they know. The exact reward at a high price. They help the country and destroy themselves.

Protected by law. Whistleblowers have little to rely on that recourse to a president vilifying them without being seen and who has declared that he will not obey the law. When they are presented en masse, the rule of law will be restored in the United States and Trump’s whistleblowers will receive the Medal of Honor for their valor in battle.