DeVos Sought to Prosecute Leakers Over Unclassified Disclosures
Washington, D.C. April 5, 2018. According to an April 4, 2018 report by The Washington Post, Education Secretary Betsy DeVos wanted to prosecute employees who leaked unclassified budget data to the press. After budget data was leaked on several occasions between May and October 2017, DeVos, who was reported to have been “furious” about the leaks, sought to find those responsible and punish them. She asked the Department’s Inspector General to determine what discipline could be used against those who leaked the information.
The Assistant Inspector General for Investigations of the Department of Education recently released its response to DeVos which found that disciplining these employees would be difficult due to the lack of written policy on the release of sensitive information. The IG recommended the Department implement new policy and a directive to prohibit the unauthorized release of “sensitive or non-public information.” However, the report warned, “There may be times when what may be viewed as a “leak” or an unauthorized release of non-public information could involve a protected disclosure by a Department employee. Therefore, the policy. . . should take into consideration whistleblower rights and protections.”
It is legal for federal employees to disclose non-classified information to the press and Congress. “Going to the press is considered a fundamental right under the first amendment, if you are blowing the whistle on matters of public concern,” said Stephen M. Kohn, author of The New Whistleblower’s Handbook and a partner in the whistleblower law firm of Kohn, Kohn & Colapinto.
“The three pillars of whistleblowing are found in the First Amendment,” says Kohn. “Freedom of speech, so whistleblowers can inform about misconduct. Freedom of press, so whistleblowers can get their message to the public. And the right to petition Congress, so whistleblowers can seek institutional change.”
Kohn explains how the Constitution protects whistleblowers in the video below, released by The Washington Post in August of 2017.
Important links for Federal Employees:
