Whistleblowing: Survival Resources

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Parisa Vinzant
February 24, 2025

If you are a federal civil servant choosing to remain in your job at this critical time for our nation, it is vital to consider now how you would report illegal, unconstitutional or other harmful actions at your agency. There are real risks involved in whistleblowing, from potential financial hardship to public and legal exposure. This piece is offered as brainstorming and planning support and is not legal guidance.

Be Wary of Internal Reporting

With the recent dismantling of long-standing institutional norms regarding human resources, privacy and IT security by the Office of Personnel Management (OPM) and Elon Musk’s Department of Government Efficiency (DOGE) team, federal civil servants can no longer blindly trust internal whistleblowing mechanisms within their agencies. The DOGE team gained access to federal computer systems and sensitive systems by locking out current IT administrators, which raises serious questions. For example, would the identities of internal whistleblowers be safe from discovery by the DOGE engineering team or political appointee agency leadership?

Reporting a complaint to agency-designated inspectors general (IG), who serve as independent watchdogs, may not be as safe as an option as it once was. In January 2025 President Trump fired over a dozen inspectors general which, together with positions that remain unfilled, has increased the vacancy rate of inspectors general to an alarming 40 percent. The ripple effects of this action are not yet known, but it is expected that more public servants will choose to leak wrongdoing to the press, which could lead to an uptick in prosecutions by the administration against civil servants and journalists under the Espionage Act. Even if the President opts to fill some IG vacancies, there is no guarantee that nonpartisan individuals will be appointed as past administrations have usually done. Currently, employees can report through the IG of their agency in several ways including anonymously, but this assumes that back-end IT systems and security processes remain intact from the unknown actions taken by the DOGE team.

Further, disclosing wrongdoing to the US Office of Special Counsel (OSC), an independent federal agency charged with protecting the merit system and federal employees from retaliation, may not be optimal because the OSC does not act on anonymous disclosures but refers them to the IG of the relevant agency. Moreover, it is the employee’s own agency head who will end up investigating the whistleblowing complaint, as the OSC only evaluates and refers the whistleblower disclosure if there is a significant probability that the information reveals “violations of law, rule or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, substantial and specific dangers to public health and or safety and censorship related to research, analysis or technical information.” As of mid-February 2025, the administration has fired the head of OSC without cause and sought emergency relief from the Supreme Court from a lower court’s injunction, all actions which signal a profound disregard for whistleblower protections.

It should be noted that in over sixty years of tracking whistleblower federal cases, the largest number of people prosecuted for news leaks under the Espionage Act was seen in the first Trump administration.

Plan, Protect Yourself

Whistleblowing is often necessary, but is an inherently risky gambit. Potential whistleblowers must proceed cautiously and plan ahead. If possible, first consult with an attorney specializing in whistleblowing before taking any action. To preserve your option of anonymity, do not share possible whistleblowing concerns with anyone except your loved ones before speaking with an attorney. The Office of the Whistleblower Ombuds offers a listing of support organizations and legal resources and survival tips. Helpful resources for finding attorneys includes the National Whistleblower Center and Kohn, Kohn & Colapinto. This law firm also provides the book, Rules for Whistleblowers, also available in online format.

Although consulting first with an attorney is the general guidance, if this is not possible, you may want to consider external whistleblowing to Congress or credible news media organizations. When evaluating the best entity, it is important to assess the organization’s credibility and track record in protecting whistleblowers before initiating any contact. Anonymous reporting may be the safest route, so seek and evaluate those options first wherever possible.

As an example, the Guardian offers an interactive guide on how to securely contact them by helping potential whistleblowers determine the degree of security needed between confidential or anonymous. The Freedom of the Press Foundation offers guidance on how to share sensitive information with the press, including using Signal for private messaging and buying a prepaid phone with a prepaid phone card that is not connected to you.

Whistleblowing is the failsafe when no other good or safe option exists to report wrongdoing. The United States has a long history of whistleblowing for the public good. Ultimately, the decision whether to blow the whistle is a deeply personal decision, as is the decision to resign in protest. But to do nothing when faced with carrying out illegal, harmful, and/or unconstitutional acts cannot be tolerated, especially during this grave time for our democracy. The Practices to Promote the American Society for Public Administration’s Code of Ethics clarifies and affirms public servants’ duty to “uphold the Constitution and Laws” and “promote ethical organizations.”

The work of public servants matters. How you carry out your work matters. So, let’s take a deep breath, focus and continue our public service work to provide the highest good for the greatest number of people.

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Author: Parisa Vinzant, MPA, works as a private and public sector strategist. She provides coaching to ICMA members. She served as a technology/innovation commissioner in Long Beach, CA. Parisa applies an intersectional equity lens in her writing on topics such as technology, ethics, and democracy. Connect with her by email at [email protected] or on Bluesky @pvinzant.bsky.social. Signal contact by request.

 

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