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 26-48 of 48

  • Kenny Gardner

    11/08/2019 12:28 PM

    Mr Huckabee, you have access to the President. Hear me out. Ike warned JFK about the Deep State. Truman in 1964 regretted starting the CIA. I honestly think the FBI and CIA need to be terminated! Yes there are great patriots there! But once the IG and Durham report come out, if not squashed by the DS, their reputation will be unsalvageable. If Trump released the Kennedy filed it would show that the Deep State if they were behind JFK’s death, are corrupt and arrogant, it would be a NON partisan issue( JFK was a Democrat) and would strike fear into whoever would be in a new type of intelligence and/or law enforcement agency. Lastly, I am a Christian but we have treason here! There is only ONE acceptable punishment for that. Severity is the only deterrent to ensure that this does not happen again for a LONG, LONG TIME! Praying for our Nation and our President!

  • Joe Broadway

    11/08/2019 12:24 PM

    From day 1 of the coup, 3+ years ago, not one of all the people involved, not one has given me the impression they have read a bible. Heaven will be such a joy not having these kinds of people around. Praise the Lord!

  • Charles Balsley

    11/08/2019 12:09 PM

    When is Shifty going to be prosecuted and sent to prison?

  • Paul Fortin

    11/08/2019 12:05 PM


  • owen whetzel

    11/08/2019 12:04 PM

    how is it that the Demmocrats say that president trump has jeopardize our national security .when they want open borders if that don't jeopardize our national security nothing would. ever learning but never able to come to the knowledge of the truth.

  • Beverly Francolino

    11/08/2019 12:02 PM

    This entire crazy event going on in Washington, led & directed by “Schiff” is an embarrassment to our Country. It seems that the Dems just don’t give up. When one of their plans falls through they come up with another even crazier and much more Evil! Our President and our Nation does not deserve such idiotic behavior as this one lead by Schiff and his Cronies! So Wrong! Beverly

  • Mary Gentry

    11/08/2019 12:00 PM

    Everything Democrats are doing these days is reprehensible. The charade they are all participating in is meant to redirect our attention from the crimes that are being uncovered by William Barr and John Durham.

  • John W Bletsch

    11/08/2019 12:00 PM

    The term I choose to use for Chiaramela is Treasonous Bastard. He is subject to the law same as all are. He is not a concerned citizen whistleblower, indeed he is complicit in this coup de tat being run by the islamocommunist party AKA DNC!

  • Doneta Lawrence

    11/08/2019 11:47 AM

    Doesn’t the 6th Amendment state that a person accused of a crime gets to face his accuser?!!! President Trump is not getting that!!!!! ????????

  • Bart Cannon

    11/08/2019 11:44 AM

    This witch hunt & the resultant kangaroo court directed against our duly elected president has drastically, and I fear permanently, altered my view of government in the USA. It appears that our government is like a majestic looking tree. It looks healthy enough from the outside, but it’s rotten almost down to the roots. I thought this degree of corruption was relegated to Africa and Central America. Pres. Trump has just shed the light on what was already there. I’m sorely disappointed and wonder if there’s any way this great nation can recover. Is our cup of iniquity already full?

  • David Arthur Kosinski

    11/08/2019 11:39 AM

    It's SO gratifying to see God work thru people to uncover more and more "data points," that, when connected with others (connecting the Dots), clearly reveal this ongoing Democratic/lamestream media Coup effort!

    May God's ever present sense of Justice prevail!!

  • Jerry Korba

    11/08/2019 11:39 AM

    For the last 3 years we are being exposed to what a Communist regime looks like. As an older American I am so disgusted this is to be allowed for so many reasons. The Left mocks us with law changes, disregard for the law, misinterpretation of the laws and the Media spreads it thru out the Country. The uninformed population swallows this and leaves the informed population shaking their heads in disgust. Thats what happens when you allow a Liberal and Left's agenda to be taught in our schools just one sided we as older people we took our eye off the the Education System took the belief of God and Country and Civics out of the school we now have to find a way to clean up the Pollution the Left has created. KAG

  • Linda Mantonya

    11/08/2019 11:37 AM

    What is it going to take to stop this charade? Will the dem(wits) ever be prosecuted for wasting the taxpayers money and for the illegal things they have done? I am afraid that this is setting a new precedent for this nation: if one political party does not like who the people elected as their president, then said political party will waste taxpayers' money to try and overturn the people's duly elected President. Obama was the worst president this country has ever had. President Trump has done a lot to right Obama's wrongs. But he has had his hands tied to do more, because of the dem(wits).

  • Edward L. Finley

    11/08/2019 11:35 AM

    As is typical of everything the Democrats do, there is never any accountability for their actions. Have you ever seen any? I haven't. These Liberals that support the Democrat party call themselves,"Free Thinkers!" They are nothing but a bunch of Lemmings marching to the Democrats and Snooze Media's drum. It is because, to these folks Government is their "God!"

  • Lynwood V. Prest

    11/08/2019 11:33 AM

    If legally he isn't a true whistleblower then why can't this whole farce be blown wide open and dismissed? What is preventing that?

  • Ricky Jackson

    11/08/2019 11:32 AM

    On the subject of "Janet on gov bureaucracies", Five years and out? That is absurd; I'm a graphic designer for the govt. and it takes longer than 5 years to become remotely proficient at this job. Do you really think it's wise to get rid of the knowledge and talent base we have just because someone has a crappy job? Why doesn't she file a complaint with Fraud, Waste, and Abuse? A good 95% of gov workers are essential to our strategic mission; the idea that we are all slackers is insanely wrong.

  • Jim Ortiz

    11/08/2019 11:27 AM

    The Obama Soetoro Sobarkah administration discouraged "whistleblowing". You're not the only one using quotation Mark's. Since the "rules" have changed, "whistleblowers", there we go again, are now encouraged

  • Lacey Fendet

    11/08/2019 11:24 AM

    The used the term whistleblower to take advantage of legal protection of identification of said person. However, they are totally busted now!

  • Nancy S Parcak

    11/08/2019 11:19 AM

    Great article. Thanks for the well documented information. I will use it.

  • Jack Hughes

    11/08/2019 11:14 AM

    This whole thing is such a farce. I am soooo sick of the lying, cheating, ,crooked Democrats getting away with this, especially their so-called spokesperson - the greater than thow Adam (shifty) Schiff. Someone should tell him that "payback's a Bitch."

  • Vickie Fiorentino

    11/08/2019 11:13 AM

    So...isn't the only question "why are we even here?" Not a whistleblower defined by rules. Dismissed...

  • Ed Thompson

    11/08/2019 11:09 AM

    As far as I’m concerned these Democrats have dug themselves a hole so deep that they will be trying to climb out for years to come. IF the brainwashed children in schools today don’t rescue them!! I pray that common sense and logic hits these people hard between the eyes and wakes them up before it’s too late for America. God Bless America and President Trump.

  • Ward Fry

    11/08/2019 11:05 AM

    The claim for anonymity because he is afraid for his safety is total bulls***. Regardless, as the initiator of this "investigation" he must testify and be cross-examined by Republicans. And, anyone to whom he has been linked has to be interviewed: Schiff, Brennan, Biden, etc. That is why Schiff refuses to call him. If the Democrats get away with this and take down this administration it will likely cause a revolt. Maybe not armed, but the people will demand justice in the future, including TOTAL transparency. This is about one thing: does the government work for us or do we work for them.