Reading Room Document

Whistleblower Protections for Classified Disclosures

A Senate bill addressing the disclosure to Congress of classified "whistleblower" information concerning the intelligence community is unconstitutional because it would deprive the President of the opportunity to determine how, when and under what circumstances certain classified information should be disclosed to Members of Congress. A House bill addressing the same subject is constitutional because it contains provisions that allow for the exercise of the President's constitutional authority. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/19671/download.

May 20, 1998