Remember, Service Members Have Whistleblower Rights
This past year, the U.S. military has made headlines numerous times, not least of which was President Trump's decision to deploy the National Guard to cities across the country despite there being no apparent crisis. Amid ongoing questions about federal oversight and policy shifts concerning national security, one thing that has not changed is the fact that service members have whistleblower rights. That is why Government Accountability Project has published its latest guide, "Truth-Telling in the Military: A Guide to Whistleblowing for Service Members." Government Accountability Project staff leveraged their decades of expertise to compile this guide that centers military members' oath to the Constitution, explaining their existing rights under the Military Whistleblower Protection Act, and informs them of the proper channels of reporting.
This guide is in addition to several others Government Accountability Project has published, including for federal employees and election workers. As part of the organization's education initiatives, these resources have informed potential whistleblowers of their rights, assuring them that they have options should they witness wrongdoing. Though there are unique, nuanced aspects of reporting wrongdoing in the military, what remains is that military personnel have both the right and obligation to report waste, fraud, and abuses of power. Like their civilian counterparts, whistleblowers in the military perform an immense public service when they abide by their oath to the Constitution and report potential wrongdoing. What sets them apart are the existential consequences if military members stay silent.
Knowledge is power. While service members have whistleblower rights just like civilians, their rights and processes are slightly different. Whether you're a military service member who has already witnessed something that troubles your conscious, you're a service member who wants to be prepared in case you ever do, or you know someone in the military who wants more information, this guide is meant to help spread awareness of whistleblower rights. While "Truth Telling in the Military" goes in depth on everything military personnel must know about the system, here is a quick primer on blowing the whistle in the military.
An Overview of Whistleblowing: Our nation's whistleblower laws protect anyone who lawfully speaks up about serious wrongdoing—violations of law, abuse of authority, gross mismanagement, waste of funds, or substantial and specific dangers to health or safety—through congressionally protected channels. For service members, these channels include the chain of command, law enforcement or investigative offices, Inspectors General, and members of Congress.
The Military Whistleblower Protection Act (MWPA): Though service members often must maintain discretion, raising concerns about illegal orders and other acts of wrongdoing is still considered a protected communication as long as it goes through the proper congressionally protected channels. Our guide provides examples of what kind of concerns fall under MWPA.
Anti-Retaliation Protections: Several relevant statutes prohibit restricting military personnel's ability to make protected communications and/or make retaliating against them for reporting a criminal offense. These anti-retaliation protections even apply to service members working within the Intelligence Community.
How to Legally Collect Evidence and Raise Concerns: This guide outlines legal processes of gathering evidence so that military whistleblowers can file their complaints as smoothly and as effectively as possible. It also walks through the different stages of filing a complaint or a disclosure depending on whether a military whistleblower takes their concerns to an Inspector General or Congress.
Truths vs. Myths About Whistleblowing: Whistleblowers are often misunderstood, and military whistleblowers in particular face additional criticism given the culture of good order and discipline. We demonstrate that whistleblowers are neither disloyal nor disgruntled; oftentimes, military whistleblowers usually try to raise their concerns internally first.
Should a service member witness serious wrongdoing, they deserve to know their options. "Truth-Telling in the Military" is a great first step for military members to understand their whistleblowing rights when raising concerns that may have drastic impacts on our national security, and Government Accountability Project is here to support them.
