Whistleblowing in order to force government officials and agencies to meet their responsibilities has long been an American tradition. In fact, it predates ratification of the Constitution.
Like most language employed by the founding generation, the wording of the first whistleblower legislation in America is clear and concise. There are no pretzel‑like legalisms or newspeak nonsense that infect today’s congressional bills and political speech.
On July 30, 1778, the Continental Congress declared: “That it is the duty of all persons in the service of the United States, as well as all other the inhabitants thereof, to give the earliest information to Congress, or other proper authority, of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge.”
Since 2013, the U.S. Senate has unanimously declared July 30 as National Whistleblower Appreciation Day to mark the original legislation and to honor and celebrate the importance of whistleblowers who bravely expose corruption and misdeeds within government.
The following mentions of just a few whistleblowers who have acted according to their belief in the rule of law and the fundamental concepts of the original whistleblower legislation serve as an inspirational reminder to all of us:
Former UBS banker and wealth manager Bradley Birkenfeld found massive tax fraud being committed by UBS when he became the first international banker to expose illegal Swiss accounts held by U.S. citizens. His actions resulted in recoveries numbering nearly a billion dollars for U.S. taxpayers.
While working as a contractor for the National Security Agency (NSA), Edward Snowden discovered and exposed a classified intelligence, surveillance, and data‑collection program being conducted by the NSA between 2009 and 2013. That program included, among other things, a data‑mining operation that gathered the private user information of consumers of companies such as Google, AOL, Facebook, and Apple.
Snowden traveled to Hong Kong in order to reveal his discoveries to media outlets. When the federal government charged him with espionage and attempted to extradite him, he fled to Russia.
Former White House employee Linda Tripp disclosed information to the Office of Independent Counsel that then‑U.S. president Bill Clinton lied under oath. Her disclosure led to the 42nd president being stripped of his law license and found in contempt of court, and was significant in his being impeached by the House of Representatives.
When the Department of Defense illegally released information from Tripp’s security file, she successfully won a settlement from her lawsuit against the agency.
The release by former U.S. military analyst Daniel Ellsberg of the “Report of the Office of the Secretary of Defense Vietnam Task Force,” popularly known as “The Pentagon Papers,” exposed that the administration of U.S. president Lyndon B. Johnson repeatedly lied to and misled the public and Congress about the scope and involvement of the United States government and military in the Vietnam War.
The administration of Johnson’s successor, Richard Nixon, charged Ellsberg with conspiracy, espionage, and theft of government property, though those charges were eventually dismissed.
Convention of States Foundation salutes the courageous individuals known as whistleblowers who exhibit the courageous spirit of the Founders and the application of the original whistleblower legislation passed by the Continental Congress in 1778.
Whistleblowers are to be celebrated and upheld as the standard for right conduct in public affairs. It is no small act of bravery to risk one’s life, liberty, and financial security to hold public officials and government agencies accountable and demand the transparency that is necessary in a representative republic.
Remember these brave individuals July 30 and every day.