When Rules Conflict

For John, BLUF:  When talking Impeachment in 2019 Washington, the first, obvious, answer may not be the correct one, as layer after layer is peeled back.  Nothing to see here; just move along.

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A question for America:  should a CIA official ever be obliged to face the public?

From The Lawfire Blog, by Professor Charlie Dunlap, JD, 1 October 2019.

Here is the lede plus two:

The recent events that have produced the impeachment inquiry have generated some questions to ponder: should those who classify themselves as whistleblowers always be entitled to have their identity kept from the American people?  Do the principles of transparency, accountability, and fundamental fairness in cases of enormous import to a democracy mean that sometimes the public must be allowed to assess the credibility of an accuser?

A devil’s advocate might provocatively put the key question this way: should Americans permit an officer of a secret intelligence agency to exploit his or her access access to sensitive, non-public matters to collect information against a U.S. citizen without seeking the normal approvals for doing so, and thereafter be able to remain in the shadows even when the product of his probe is used in an effort to unseat an elected American who has been sharply criticized the intelligence agency that employs the accuser?

In unpacking these issues let’s also ask ourselves: are there unique considerations when the informer is not an ordinary government employee who personally witnessed alleged misconduct but rather someone who admits to not witnessing the events in question, and who is an official of the Central Intelligence Agency (CIA), an organization which says its “mission is to collect information related to foreign intelligence and foreign counterintelligence,” and whose charter generally prohibits the domestic collection of information against American citizens?

Professor Dunlap is a deep thinker in this area.  Back in1992 he authored the Chairman Joint Chiefs of Staff prize winning essay "The Origins of the American Military Coup of 2012"?

As to the topic under discussion, it is complicated.  There are multiple values to consider.  When you think about it, try to forget the personalities and focus on individual rights.

Regards  —  Cliff