November 8, 2019

Are you getting tired of seeing and hearing the word “whistleblower” in the story about Trump’s phone call with Ukrainian President Zelensky? Join the club. I also am tired of having to put quotation marks around the word “whistleblower” when referring to this individual, though I still go out of my way to do it because this “whistleblower” is not an actual whistleblower under any U.S. whistleblower statute.

We’ve already discussed why the person who has already been named by multiple news outlets as Eric Ciaramella (pronounced “CHAR-a-mel-ah,” as in “CHAR-lie”) does not qualify as a whistleblower in this case. Of course, I am not a lawyer, but Gregg Jarrett is, as well as a FOX News legal analyst who has focused an electron microscope on all aspects of the “witch hunt” to the point of even writing a book about it called WITCH HUNT. In a new column, Jarrett explains plainly why this person does not qualify as a whistleblower under any U.S. whistleblower statute, and goes on to tell us why he wouldn’t be entitled to anonymity even if he did.

The “whistleblower’s” lawyers, Mark Zaid and Andrew Bakaj of the firm they call Whistleblower Aid (more on them below), refuse to allow their client to testify publicly or answer any questions that would lead to this individual’s identification. This is a joke. Still, most media outlets are playing along –- knowingly, as in taking marching orders from the DNC, or unknowingly, as in simply being intellectually lazy and unaware of the law –- and refraining from identifying Mr. Ciaramella. Ironically, even Jarrett doesn’t print the name in this column for FOX News, even while explaining in detail why the man does not, under law, deserve anonymity. That may or may not have been his editorial decision.  I'm guessing not.

But I have already linked to highly reputable investigators who identify him, have personally used his name and will continue to do so. It’s ridiculous to participate in any way in this sham, like the crowd braying on about the emperor’s new clothes. This person’s identity is central to the whole effort to impeach Trump, and House Intel Committee chairman Adam Schiff is determined to keep it officially under wraps, because doing so helps him hide his own lies –- his own “collusion” with that person to spark an impeachment inquiry in the House. To play along with this farce would be shameful.

The law that supposedly covers this person is the Intelligence Community Whistleblower Protection Act (ICWPA), which covers intelligence personnel who file internal complaints to report malfeasance within the intelligence community. This is not what the so-called “whistleblower” did. He ("or she," ha) filled out a complaint form –- footnoted extensively, as though crafted by a team of ever-so-crafty attorneys –- based on hearsay about a phone call involving the President of the United States and a foreign leader. Ah, that’s very different.

As Jarrett explains it, “the alleged wrongful conduct must involve intelligence activity and it must be committed by a member of the intelligence community.” (I would think that since there is a provision protecting someone who blows the whistle inside the intelligence community, there should have been a heckuva lot of whistleblowing going on during the Obama years. It seems there wasn’t. I digress.) “To put it plainly,” Jarrett says, “there is no whistleblower statute that permits an unelected and inferior federal employee to blow the whistle on the President, the most superior officer in the U.S. government.”

Also, he says the whistleblower law “explicitly excludes a complaint involving ‘differences of opinion concerning public policy matters.’” The President gets to conduct foreign policy matters; Article II of the U.S. Constitution gives him “sweeping power to conduct foreign affairs, negotiate with leaders of other nations, make requests or solicit information.” It’s not up to an underling who disagrees to “blow the whistle” on him.

This does not mean the President gets to act with impunity, like a dictator; there are checks and balances to his power. But it does mean the Whistleblower Act does not apply here. Instead of the term “whistleblower,” Jarrett suggests “undercover informant acting as a Democratic operative who spied on President Trump by gathering hearsay evidence intended to damage him.” That says it well, though it seems a bit long. I think that, from now on, when I’m not actually using Ciaramella’s name, I’ll use the term “Democrat operative/spy.” Spying is exactly what was going on in the West Wing, so I won’t need the quotation marks for that. Oh, and his pronouns will be “he,” “him” and “his.”

For the sake of argument, Jarrett also explains why, even if whistleblower status did apply in this case, Eric Ciaramella would NOT be entitled to anonymity. It isn’t mentioned, not anywhere in the statute, except as it would apply to the IG of Intelligence, who is personally prohibited from revealing the name. Anybody else can. Zaid and Bakaj have threatened to take punitive action if their client’s identify is revealed; they’re pretending that they don’t know we know who it is. They’re also pretending that they don’t know we know they know the Whistleblower Act doesn’t apply here. But we do know –- this whole thing is a charade. If anyone knows what that law says and doesn’t say, it’s the lawyers for WHISTLEBLOWER AID.

This person must not be allowed anonymity, and Adam Schiff’s role in using his “complaint” to start an impeachment inquiry must also be exposed. As Ohio Rep. Jim Jordan has said, “You don’t get to ignite an impeachment effort and never account for your actions and role in orchestrating it.”

In a related story about the attorneys for the Democrat operative/spy (yes, that’s the term I’ll be using now), some tweets sent by Mark Zaid in 2017 show that their motives for representing this individual go far beyond protecting a whistleblower. In response to a tweet from the State Department celebrating Canada Day, Zaid responded: “Since Jan. 20th, I would much rather be in Canada. What a great country! We’ll be great again when @realDonaldTrump leaves.”

In response to another tweet (“Mark, are we really going to be able to get him out? He is dismantling our government department by department. It is really scary”), Zaid replied, “It’s very scary. We will get rid of him, and this country is strong enough to survive even him and his supporters. We have to.”

If that's not bad enough, how about this one: "#coup has started. First of many steps. #rebellion. #impeachment will follow ultimately. #lawyers.”

This should tell you all you need to know about the Democrat operative/spy and the attorneys for Whistleblower Aid.

Finally, here's more detail on a story we’ve already discussed, about Ciaramella being invited by co-host Joe Biden to a glitzy State Department luncheon banquet in October of 2016 for the prime minister of Italy. Biden’s office had included this relative underling on the prestigious guest list with about 30 other people, including Valerie Jarrett, Lisa Monaco, Ben Rhodes, Susan Rice and Obama press secretary Josh Earnest. Overall, the guest list was full of Washington heavy-hitters, with 115 people designated as having accepted invitations, according to a list released under the Freedom of Information Act.  We're not supposed to know his name, but apparently he was becoming well known among these folks.

Alleged whistleblower Eric Ciaramella was Biden guest at State Department banquet

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Comments 1-25 of 48

  • Michael Moody

    11/13/2019 02:49 PM

    Dear Mike: I agree wholeheartedly that this person, Ciarmella, or whoever, he might be, is not a whistle blower. I was a federal employee for over 32 years. For many years we received mandatory training mandated by the Congress on the process to blow the whistle if you have knowledge of something going on above you in your chain of command that was against the law or some relevant policy in the area where you work. None of the standard training materials on this subject ever said you were supposed to go outside your chain. In fact, if memory serves me, a report of this kind was supposed to be sent to the Inspector General's Office.

    So from every aspect, this so called complaint has been done in a manner that violates the statute. In fact, most of this appears to be either hearsay or possibly coached statements. I think it would be interesting and might even be important to see the original document prepared by this "whistle blower", We couldn't see it because the matters it concerned have to be classified "top secret." Since this person is definitely not a whistle blower, he is therefore a leaker of top secret information. He could and should be charged with a rather serious felony. A good prosecutor could bring a charge under seal and an impartial judge, if they could find one in official Washington, could break that legal sham and the person could be arrested.

    I recommend that action be taken. The Democrats want to play hard ball. Two can play that game.

  • Dee kowalski

    11/10/2019 06:53 PM

    Thanks for your great article/explaination of this Darn “WHITCH HUNT”.....all those involved in ruining our President will go down in history as Snakes in the Grass and FOOLS.

  • R. Saffell

    11/10/2019 12:01 PM

    America is being attacked from within. The is enemy is ...traitors to the U.S. Constitution. Power hungry traitors. These people have lied and have weaponized our legal and legislative processes in order to deny the "Will of the People" for their own perverse goals.
    The American People must take whatever the cost.

  • Diana Gilland

    11/09/2019 06:18 PM

    If the demonrats go through with this farce conservatives and Christians will rise up and confront the evil satanic demonRATS and we will not be a pretty bunch!! We will be an angry mob and will probably try to punch up every one of the evil demonRATS!! We will get them running away from us!! We will use God as our leader!! God is watching everything that is happening and He is not pleased with these liars and TREASONISTS!! THEY ARE GUILTY OF EVERY CRIME YOU CAN COMMIT!! THEY HAVE BROKEN RULE OF DECENCY, THEY ARE SUBHUMAN!! WE MUST PRAY THAT GOD WILL INTERVENE IN THIS MOST EEVIL AND DEMONIC ACT!! GOD IS MORE POWERFUL THAN SATAN AND THOSE WHO FOLLOW SATAN ARE GOING TO LISE THE VATTLE BECAUSE GOOD IS MORE POWERFUL THAN EVIL!!,

  • Kurt Heinlein

    11/09/2019 11:12 AM

    Calling him a Traitor works for me!

  • Jim Fraser

    11/09/2019 09:27 AM

    First of all, in order to be a whistleblower, you must have direct knowledge of what you're reporting. Secondly, the whistleblower statute does not protect the whistleblower from having their identity exposed. It protects them from discrimination at their job. So as I understand this, Ciaramella is not a whistleblower as described in the statute and has no protection. A thought came to me. if a person position in the federal government was in peril. If they, for example, were on the verge of being fired for poor performance, they could claim to have knowledge of a particular incident, claim to be a whistleblower and not be fired. I'd be interested in knowing what was going on in terms of Ciaramella's employment status prior to his claim.

  • Lora Lowery

    11/09/2019 08:31 AM

    I’ve always believed if you don’t have the guts to back up what you say, then you don’t get believed. Certainly not get your lawyer paid for, especially not with taxpayer money! I worked as secretary for an individual who said “don’t give me phone calls nor letters from anonymous person who hasn’t the nerve to identify himself or herself, and expect me or the Board to believe what is reported!”

  • Kevin J Cook

    11/09/2019 08:29 AM

    I encourage freedom loving democrats to #walkaway. The democrat party has become as corrupt as any third world dictators. Join us freedom loving Republicans or at least leave the democrat party that has become the enemy of America

  • Thomas R Sprenger

    11/09/2019 06:47 AM

    I hope that Democrats Pelosi and Schumer see this.

  • John Moss

    11/08/2019 09:52 PM

    If(and I don't think it will) goes to the Senate, there will be dem spy heads rolling everywhere. Bowling for dollars anyone?

  • gary Stilwell

    11/08/2019 07:25 PM

    As for the whistle person--I have watched approx 22 of these WBs get screwed by their employers(State/County)--and the sick court system that got paid off by those State/County crooks.(and that charge CAN be proven)
    Whoever this is deserves the right to anonymity, and NO revelations until the crap comes to trial.
    I am frankly surprised by your position here--it flys in the face of the Constitution(innocence until proven) ---
    You have fallen into the rhetorical swamp here, like the rest--I suggest you take three steps back and put your objective/moral character hat back on.

  • Joseph

    11/08/2019 05:40 PM

    If you listen close enough to the Democrat rhetoric you can here the Zieg Hial ( excuse the spelling as I'm an American and not a German Nazi) that they yell at us. They are the new Nazi's not those of us on the Right. Their actions alone prove they are with their Antifa an BLM groups sponsored by the Nazi collaborator George Soros all in the name of Democrat Party.

  • Victoria DeLacy

    11/08/2019 05:26 PM

    So then Dan Bongino was correct about this guy, too. Does President Trump now get to SUE him into BANKRUPTCY for slander and defamation of character? These crazy leftists NEED to begin taking some serious legal CONSEQUENCES as a deterrent to further such shenanigans erupting again!

  • Anne Lofranco

    11/08/2019 04:58 PM

    Brother Huckabee, those of us who are not addicted to excitement are sick of all this garbage being thrown all over our psyches. By now I'm sure you know all Fox News Hosts were told not to mention the Whistleblower's name on the air. And on and on it goes.

  • Helen Corey

    11/08/2019 04:28 PM

    President Trump concentrates on what citizens need—security, income producing jobs, healthcare, education, freedom, reducing troop involvement where US has no benefit. Dems run around like dogs chasing their tails—lots of wasted energy achieving nothing.

  • Carol Davis

    11/08/2019 04:20 PM

    When is this charade ever going to end ? Our support is with Donald Trump!!!!!

  • Darrell McKinnon

    11/08/2019 03:44 PM

    One reason they might be hiding the so called whistle blower is that there may not be one. Their info may be coming from illegal wire taps and bugs - I would not think that there is anything that the Dems would not stoop to to try to get rid of Trump, so look out, if they can’t smear him enough to loose the election, they might hire someone to show up as a third party candidate to draw a few fence sitters away. So watch for a third party backup plan and remember how Clinton beat Bush. And don’t forget, Clinton gave us the Fair Housing Act that eventually broke the banks after repeated attempts by the second Bush administration to fix it before we had the housing crisis and bank troubles that followed.

  • Deborah McCallum

    11/08/2019 02:23 PM

    So if you are a discontent federal employee of the bureaucracy, you should become a "whistleblower". Then, with help from the minority party, you can reverse an election and impeach the duly elected President. Amazing. Great to learn that federal bureaucrats can negate 62 million votes. Phase 2 plan, then, is to remove the guns from the law abiding voters so that the "coup" cannot be dealt with by a civil uprising.
    I think I've seen this scenario on TV news reported from 3rd world countries. Czars Schiff, Pelosi, Schumer, & Nadler need to start wearing military uniforms loaded with ribbons & medals.

  • Kathleen Kemmer

    11/08/2019 01:42 PM

    Oh, Mike. You are God's gift to America. Thank you for all you do. I love your writing style. You say it so well also.

    Dr. Kathleen Kemmer

  • rodney burke

    11/08/2019 01:26 PM

    let's just call him a spy, for that is what he clearly did. It appears Schiff doesn't know what the Whistleblower ACT is all about. Perhaps he thought the rest of us wouldn't read it either. har, har! Greg Jarrett did and I will bet, Joe De Genova and his capable spouse have too. I'm sure some others who I don't know about have read it and are very clear on its provisions. Adam needs a cell and now. This whole thing is so far beyond a farce, it's disgusting.

  • Lars Schroeder

    11/08/2019 01:21 PM

    Dear Governor,

    I'll really rejoice when the truth is revealed. I want to be able to once again recite with confidence in my classroom "...with liberty and justice for all." If you want to talk about social justice, let's start with.. oh, don't get me started...

    But I wish the media (yes, conservative outlets too) would start talking about Mark S. Zaid's twitter comment back in 2017:

    #coup has started. First of many steps. #rebellion. #impeachment will follow ultimately. #lawyers

    It becomes clear what the agenda has been from the start. "Whistle blower," phooey!

  • Anne Knowlton

    11/08/2019 01:13 PM

    Dear Governor,
    Keep reporting and telling us the truth! Your humor goes a long way to cheer up Trump supporters in these crazy times. I plan to use “Charlie” Ciaramella’s name as often as possible (aka demorat spy) and encourage others to do the same. Keep us in the know, Governor!

  • Dale Downer

    11/08/2019 01:05 PM

    There are two things you need to know about the impeachment inquiry today. First, there was no crime. Nobody is even saying that there was a crime. Even the mainstream media can't come up with one.

    Second, this whistleblower isn't even a real whistleblower. He's a traitor. He's not pointing out misconduct on the part of the president. He's being used as a pawn to take Trump down, nothing more.

  • Ona Thacker

    11/08/2019 12:40 PM

    Thank you for explaining the difference between this so called “whistleblower” and a real one.

  • Sandi Cromer

    11/08/2019 12:34 PM

    Thank you Gov Huckabee. You are,as usual correct! It is sad to see what is happening to President Trump and the American people.