It’s Tuesday, the traditional day for elections and for our pause-and-consider newsletter on politics and policy. We think of it as a mini-magazine in your Inbox.
ALL ABOUT WHISTLEBLOWER PROTECTIONS
By Candice Norwood, @cjnorwoodwrites
Digital politics reporter
At the heart of the impeachment inquiry into President Donald Trump is the whistleblower whose complaint ignited the probe. Here’s what you need to know about the U.S. laws meant to protect whistleblowers:
What is a whistleblower?
A federal whistleblower is an employee who reports gross mismanagement, abuse of authority or other illegal or unethical activity to management, authorities or -- in the case of the executive branch -- to Congress, which has oversight capacity.
What are whistleblower protections?
Federal Legal protections for whistleblowers were enacted through the Whistleblower Protection Act of 1989. The law offers the whistleblower some protection from criminal prosecution and administrative retaliation, such as firing or demotion. Because of concerns about classified information, the protections initially did not include the intelligence community.
Congress established a process for intelligence workers to report misconduct through the 1998 Intelligence Community Whistleblower Protection Act. It wasn’t until 2014 that lawmakers codified a directive from President Barack Obama also extending protections against retaliation to intelligence officials. Despite these legal efforts, the law isn’t perfect. While non-intelligence civil servants can take retaliation cases to court, the intelligence community does not have this privilege due to concerns about classified material. This means intelligence whistleblowers could face punishment at work even if it's illegal, possibly with limited legal recourse.
Did Trump’s whistleblower follow protocol?
Short answer: Yes. In recent weeks Trump and his supporters have accused the author of the complaint of being a “deep-state operative.” However, both the inspector general for the intelligence community and the acting director of national intelligence have said the individual followed legal procedure. Contrary to Trump’s claims, the law does not require a whistleblower to present first-hand information, it only requires a reasonable belief of a violation, said David Colapinto, co-founder and general counsel for the National Whistleblower Center, an advocacy group.
The protocol is for an intelligence official to file a complaint with the inspector general who is expected to refer the matter to the director of national intelligence. In this case, the inspector general alerted the House Intelligence Committee, even though the acting DNI consulted the Department of Justice first.
Will the whistleblower’s identity be kept a secret?
The president told reporters he is “trying to find out” the identity of the whistleblower. Ultimately, there’s nothing that can block Trump from revealing who he or she is, said Bradey Moss, a whistleblower attorney who specializes in national security. However, the law explicitly tasks the president with enforcing protections against retaliation.
“It is patently offensive and insulting to whistleblowers to have the president talking about how he is going to out this person, how he is going to confront this person,” Moss said. “No matter who is in the Oval Office … the need for whistleblowers to be able to raise their concerns with confidentiality and anonymity is critical.”
What is unique about the Trump whistleblower complaint?
This is the first time a credible whistleblower case has involved the president. Now, the president is publicly criticizing a person he is mandated by law to protect. Questions also remain about the executive privilege and the president’s ability to stymie ongoing investigations against him.
A QUICK CAMPAIGN TRAIL UPDATE
By Lisa Desjardins, @LisaDNews
Correspondent
Here’s where we are, folks.
- Nineteen Democrats are still running for president.
- That includes Sen. Cory Booker of New Jersey, who met his do-or-die campaign goal of raising $1.7 million in 10 days. (He spoke with our Judy Woodruff last night.)
- Top three. Former vice president Joe Biden is leading in national polls, with Sens. Elizabeth Warren, Mass., and Bernie Sanders, Vt., nearly tied for second place. Biden also leads in nearly all of the first states to vote, except for Iowa, where Warren has pulled ahead in recent weeks.
- The untold story may be the fascinating fight for fourth. In Iowa, it is South Bend, Indiana Mayor Pete Buttigieg. In New Hampshire, Buttigieg, Hawaii Rep. Tulsi Gabbard and California Sen. Kamala Harris all have taken turns in fourth place in recent polls. In Nevada, South Carolina and California, Harris is number four. And in Texas, that spot goes to former Lone Star Rep. Beto O’Rourke.
- Yesterday was the third quarter fundraising deadline for candidates. Thus far, Sanders has the top total. His campaign says the brought in $25 million in the past three months. That is $275,000 a day.
- We are four months and two days away from the first votes of 2020: Feb. 3. That’s when the state of Iowa caucuses and California begins early voting for its March primary.
FIVE OVERLOOKED POLITICAL STORIES FROM THE PAST WEEK
By Alex D’Elia, @AlexDEliaNews
Politics production assistant
Federal Election Commissioner posts foreign interference memo on Twitter -- Sept. 29. One of the nation’s top elections watchdogs turned to Twitter to release a memo about preventing foreign interference in elections, after another commissioner blocked its publication. Why it matters: The preparation for and handling of election threats from foreign governments remains uncoordinated and, sometimes, controversial, in Washington. -- The New York Times
U.S. Rep. Mac Thornberry will not run for reelection, marking the sixth recent GOP retirement in Texas -- Sept. 30. The Congressional retirement count for Republicans is now at 15, including six Texas Republicans who are leaving public office altogether. Why it matters: Retirements can indicate enthusiasm level for a party and whether its members believe they have a chance to be in the majority next term. -- The Texas Tribune
Judge plans to dismiss case on wages of immigrant detainees -- Sept. 25. A Washington state judge reversed his own ruling and no longer will require private companies to pay migrant detainees more than $1 a day for work. Why it matters: The case tests the Trump Administration’s power and leverage in Democratic-led states.-- The Seattle Times
Judge throws out states' challenge to tax deduction cap -- Sept. 30. A court has ruled against northeastern states trying to remove cap on the tax deductions their residents can take for state and local taxes. Why it matters: The judge dismissed the suit on the basis that it lacked a valid legal claim, though Democrats, including New York Gov. Cuomo, continue to seek other options to get rid of the ban, including appeal. -- POLITICO
California will allow college athletes to profit from endorsements under bill signed by Newsom -- Sept. 30. California has put a new law in place that will allow college athletes to profit off their sports without risking NCAA eligibility. Why it matters: This law will test and could ultimately reform the way student athletes are treated and compensated.-- Los Angeles Times
#POLITICSTRIVIA
By Kate Grumke, @KGrumke
Politics producer
On this day in 1957, U.S. paper currency first featured the phrase “In God We Trust.” It became the official motto of the U.S. in 1956, replacing the de facto motto, “E Pluribus Unum.” The phrase was adapted from a song lyric that said: “And this be our motto: ‘In God is our trust.’” Who wrote that lyric?
Send your answers to [email protected] or tweet using #PoliticsTrivia. The first correct answers will earn a shout-out next week.
Last week, we asked: .... Rounding up, how many months did Joe Biden’s presidential bid in the 1988 cycle last? The answer is three months.
Congratulations to our winners: Barry Weinstein!
Thank you all for reading and watching. We’ll drop into your Inbox next week.
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