CLAIM: The name of the impeachment “whistleblower” cannot be revealed by law, and President Trump has no right to demand he come forward.
VERDICT: FALSE. No law protects the whistleblower’s identity except in limited circumstances, and Trump has the Sixth Amendment right to confront his accuser at trial.
Democrats say that the so-called “whistleblower” whose complaint they are using in their “impeachment inquiry” against President Donald Trump deserves to have his identity protected — perhaps indefinitely.
They are claiming, incorrectly, that federal law prevents the disclosure of the whistleblower’s name. In fact, the federal statute on whistleblowers only bars the Inspector General of the Intelligence Community (ICIG) from identifying the whistleblower. Anyone else — including President Trump himself — may do so legally, according to National Public Radio (NPR) — hardly a conservative outlet.
Remarkably, media outlets — including, apparently, Fox News — are suppressing the whistleblower’s name, for no particular reason.
But they cannot hide him forever. If the House impeaches the president — as many expect it to do, on a party-line vote — then the Senate will hold a trial, according to Senate Majority Leader Mitch McConnell.
And in that trial, the president will arguably be entitled to many of the rights that a defendant would have in an ordinary court — including the Sixth Amendment right to confront his accuser.
The Sixth Amendment reads: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. – READ MORE