Memo to the Senate Democrats: Firing the Capitol Hill Memo Leakers May be Unconstitutional

12-01-03 | Jonathan M. Stein

[jmstein7]

We don't want to chill speech such that public employees are afraid to report corruption.

[VRWC_minion]

Small problem, the law probably doesn't apply to congress.

[jmstein7]

This doesn't involve statutory wistleblowing; this involves First Amendment right, which supercedes.

[suzyq5558]

you've been on vacation?? ;)im only kidding ok? this topic was all over here the past few weeks.

[henderson field]

Don't worry. No government employee can be fired for any reason, Constitutional or otherwise.

[VRWC_minion]

This doesn't involve statutory wistleblowing; this involves First Amendment right, which supercedes.

1st doesn't protect from loss of job. Seeing that congress exempts itself from most laws and has a constitutional mandate to "police" itself, I would not be surprised if this staffer doesn't have the same protection a worker in the private sector has.

[LurkerNoMore!]

Excellent work, Jon!

[Publius6961]

Too bad this war wasnt officially declared by our leaders...maybe they didnt like the idea of Wartime Treason = firing squad

Interesting point.
Eliminate the concept of treason by the simple expedient of never declaring a war.

There might be a message there.
I think it's a huge mistake to eliminate the reality of Treason.
There is something of unintended consequences after having fought 5 wars without declaring them as wars.

Perhaps that should end.
Let's be sure up front of two things.
The war is justified, in our own minds and no one else's.
And treason will be dealt with the old-fashioned way.

Otherwise no more conflicts.

[jmstein7]

Thanks!

[jmstein7]

Read the case law contained herein; I think you will find that my analysis is correct.

So, only write back after examining the case law I reference.

[MrConfettiMan]

Here, the leaked memos revealed a plot to misuse government resources for partisan gain...

Isn't this a violation of the Hatch Act? /rhetorical

[mrsmith]

The Congressional Accountability Act of 1995 did apply many employment laws to the Congress.

...But not the 1989 Whistleblower Protection Act.

[MeekOneGOP]

[Political Junkie Too]

-PJ

[MeekOneGOP]

I just emailed it to Rush @

Rush@eibnet.com

[MeekOneGOP]

Memo to the Senate Democrats:
Firing the Capitol Hill Memo Leakers May be Unconstitutional

Excerpt:

Over the past few weeks, several memos drafted by Democrats in the Senate have been leaked to the press. One memo, from the Senate Select Intelligence Committee, highlights how the Democrats planned to use the awesome power and resources of that committee as a political weapon against the President of the United States. The other memos detail how powerful left-wing interest groups pressured Senate Democrats to impermissibly oppose judicial nominations based on characteristics such as race and gender. Now the Democrats are outraged – not by the outrageous content of their memos, but by the fact that they were leaked. Senate Democrats have demanded a probe into these leaks; their request has been granted by Republican Senator Orrin Hatch. Though the source of the leaks may be revealed, the object of the investigation may be moot, as the Senate may be constitutionally prevented from acting against the leakers.

Please let me know if you want ON or OFF my General Interest ping list!. . .don't be shy.

[jmstein7]

BUMP!

[jmstein7]

LOL!

[CyberAnt]

Memo says they have to stop Estrada because he's Hispanic; among other things. I've seen the memo.

[jmstein7]

1983 Violation