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whistleblowers
Named for Daniel Ellsberg, Tlaib Proposal Would Protect Whistleblowers and Journalists
"With whistleblowers, journalists, and civil liberties under significant attack and government decision-making shrouded in increasing secrecy, reining in the abuses of the Espionage Act could not be more urgent.”
Mar 12, 2026
Warning that the Espionage Act has been used to "persecute and criminalize" dissenters, journalists, and whistleblowers numerous times since it was passed into law, US Rep. Rashida Tlaib on Thursday introduced the Daniel Ellsberg Press Freedom and Whistleblower Protection Act to "rein in" the 109-year-old law.
The proposal is named for the military analyst-turned-activist who disclosed decades of deception by the US government regarding Vietnam when he leaked the Pentagon Papers to the press in 1971—an act that led the government to charge Ellsberg with espionage, conspiracy, and other crimes before the case was thrown out over the Nixon administration's misconduct.
In the cases of Ellsberg, former National Security Agency contractor Edward Snowden, WikiLeaks founder Julian Assange, and other journalists and whistleblowers, "Espionage Act prosecutions have been used to silence dissent and undermine government transparency and are a clear violation of the First Amendment and the fundamental right to due process," said Tlaib (D-Mich.).
“Alerting the public to government wrongdoing is not a crime,” said the congresswoman. “The Espionage Act has been abused by administrations of both parties to target whistleblowers and journalists for sharing critically important information with the public. With whistleblowers, journalists, and civil liberties under significant attack and government decision-making shrouded in increasing secrecy, reining in the abuses of the Espionage Act could not be more urgent.”
Tlaib noted that in addition to past administrations using the Espionage Act to prosecute media sources and whistleblowers who alerted the public about mass surveillance, torture, drone assassinations, and war crimes in Iraq and Afghanistan, the FBI raided the home of a Washington Post reporter in January in connection to the prosecution of a government whistleblower.
The proposed legislation would limit the scope of the Espionage Act to foreign agents and government employees who have a legal duty to protect classified information—prohibiting the use of the law to prosecute publishers, journalists, or members of the public.
It would also increase due process standards and safeguards for whistleblowers who disclose government wrongdoing, war crimes, or abuses of power to the public. The legislation would create and affirmative public interest defense and require the government to prove that a whistleblower acted with the specific intent of harming the US or aiding a foreign power.
Under the Daniel Ellsberg Press Freedom and Whistleblower Protection Act, said Jenna Leventoff, senior policy counsel for the ACLU, "the government could no longer abuse [the Espionage Act] to silence those sharing information that is beneficial to the public."
“For too long the Espionage Act has been used to persecute and silence whistleblowers, journalists and publishers,” said Leventoff. “But journalism is not a crime—it is a First Amendment protected activity that protects our democracy by allowing the public to hold our nation’s leaders to account."
The Espionage Act was originally passed to crack down on those who spread information that could interfere with the war effort during World War I, and "from its inception," said Chip Gibbons, policy director at Defending Rights and Dissent, "the law has been used to stifle public debate and has become the go to weapon against whistleblowers and now journalists."
"Public servants who witness egregious crimes like torture, mass surveillance of Americans, or the killing of civilians, and seek to alert the American people about them are whistleblowers," said Gibbons. "Yet, using the Espionage Act the government prosecutes them as though they were spies. And with the government going further and prosecuting a journalist under the Espionage Act, the threat not just to press freedom, but to our very democracy, posed by this antiquated law is growing. Rep. Tlaib’s bill is desperately needed as it is well past time to bring the Espionage Act in line with the First Amendment.”
Tlaib noted that before his death in 2023, Ellsberg expressed public support for the reforms the congresswoman had proposed, when she introduced them as an amendment to the National Defense Authorization Act.
“For half a century, starting with my own prosecution, no whistleblower charged with violating the Espionage Act of 1917 has had, or could have, a fair trial," said Ellsberg in 2022. "These long-overdue amendments would remedy that injustice, protect the First Amendment freedom of the press, and encourage vitally needed truth-telling.”
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Former ICE Lawyer Says Agency Is Teaching Recruits to 'Violate the Constitution'
"Never in my career had I ever received such a blatantly unlawful order," said Ryan Schwank, who blew the whistle last month on a "secretive" ICE memo directing agents to enter homes without judicial warrants.
Feb 24, 2026
US Immigration and Customs Enforcement is "lying to Congress and the American people" and directing new recruits to "violate the Constitution," according to a whistleblower who testified on Capitol Hill Monday.
Ryan Schwank, a former ICE lawyer who worked at the federal government’s law enforcement training academy, stepped down from his post last week after submitting a whistleblower complaint about an agency policy directing agents to enter homes and arrest people without a judge's warrant.
"I swore an oath to uphold the Constitution," Schwank said at a joint forum on ICE's constitutional violations hosted by Senate and House Democrats. "I followed that oath for four-and-a-half years, working side by side with ICE officers. And I followed it when I resigned on February 13, 2026, a little over a week ago, so I could speak to you today."
He had joined ICE in 2021 as a senior lawyer for the agency, tasked with advising agents on immigration laws and the Constitution. In September 2025, amid President Donald Trump's "surge" in recruitment to carry out his "mass deportation" crusade, Schwank became an instructor for new recruits at the ICE Academy at the Federal Law Enforcement Training Center in Georgia.
"On my first day," Schwank said, "I received secretive orders to teach new cadets to violate the Constitution by entering homes without a judicial warrant."
Schwank said he was “instructed to read and return a memo" that claimed ICE agents had this power in the presence of his supervisor. “Before I was shown this memo, my supervisor warned me that two previous ICE instructors had been dismissed because they questioned senior ICE management over the legality of the memo.”
That memo, which was sent to US Department of Homeland Security (DHS) officials in May, was revealed to the Senate last month through a whistleblower disclosure by Schwank and another official whose identity has not yet been made public.
“The acting ICE director authorized the very conduct that DHS—in 2025 legal training materials—has called ‘the chief evil against which the wording of the Fourth Amendment is directed’—that is, ‘physical entry of the home’ without consent or a proper warrant,” Schwank said.
His testimony confirms previous reporting from the Associated Press, which found that these orders were distributed in a highly unusual way: DHS officials like Schwank were shown the memo before being required to return it to their supervisors and relay the information verbally to new recruits without showing them the directive.
Under this new directive, the whistleblower report said “newly hired ICE agents—many of whom do not have a law enforcement background—are now being directed to rely solely on” an administrative warrant drafted and signed by an ICE official to enter homes and make arrests.
“No court has ever found that any law enforcement has this type of authority to enter homes without a judicial warrant under such circumstances,” said David Kligerman, the senior vice president and special counsel for Whistleblower Aid, the group that sent the disclosure to Congress.
“Never in my career had I ever received such a blatantly unlawful order—nor one conveyed in such a troubling manner,” Schwank said on Monday. “I was being shown this memo in secret by a supervisor who made sure that I understood that disobedience could cost me my job. ICE is teaching cadets to violate the Constitution, and they were attempting to cloak it in secrecy.”
Schwank also said that top ICE and DHS officials were deceiving Congress and the public when they claimed that the new officers and agents brought on as part of the agency's hiring spree were receiving the same basic training as in the past, even as agency syllabi showed that their training hours had been slashed by about 40%.
Testifying before Congress earlier this month, ICE's acting director, Todd Lyons, said that while hours have been cut, “The meat of the training was never removed."
"This is a lie,” Schwank said. “ICE made the program shorter, and they removed so many essential parts that what remains is a dangerous husk. No reasonable person would believe a training program suddenly cut nearly in half could meet the minimum legal requirements.”
The Trump administration has said the reduction of ICE training by more than 240 hours was mostly the result of eliminating Spanish-language classes.
However, according to dozens of pages of internal documents released by Senate Democrats, which were reviewed by the New York Times, the agency's February syllabus had also eliminated classes about the proper use of force, handling the property of detainees, filling out paperwork alleging someone is in the United States without authorization, taking a "victim-centered approach," and "integrity awareness training."
The number of exams agents must take has also been drastically reduced, from 25 in 2021 down to just nine. Some of the exams no longer required are ones on "Judgment Pistol Shooting” and “Determine Removability,” which the Times said was "a reference to how agents decide if people they encounter have legal status in the United States."
Schwank’s testimony comes after immigration agents shot and killed three United States citizens in recent weeks, causing heightened scrutiny of ICE and other DHS agencies. Since Trump's second inauguration on January 20, at least 32 people have been shot by agents, resulting in nine deaths.
In areas where ICE has been surged, such as Minnesota—which was swarmed by around 3,000 agents late last year—numerous instances have been documented of what appear to be uses of unnecessary force, racial profiling, and violations of constitutional rights.
“I am here because I am duty-bound to report the legally required training program at the ICE academy is deficient, defective, and broken,” Schwank said. “Deficient training can and will get people killed... It can and will lead to unlawful arrests, violations of constitutional rights, and fundamental loss of public trust in law enforcement.”
Schwank's testimony came as a partial shutdown of DHS entered its second week, after Democrats refused to fund the agency without significant reforms to ICE, including requirements that they obtain judicial warrants and carry out their duties without masks.
Sen. Richard Blumenthal (D-Conn.), who chaired Monday's panel, said he hopes Schwank's testimony will encourage other whistleblowers to come forward.
“We know about the Trump administration’s decimation of training for immigration officers and its secret policy to shred your Constitutional rights because of the brave Americans who are speaking out today,” Blumenthal said. “They are coming to Congress because we have the responsibility to not only bear witness to these crimes, but to do something to make sure they don’t happen again.”
“To anyone else who is repulsed by what you’re seeing or what authorities are asking you to do, please know that you can make a real difference by coming forward," he added. "You’ll meet a moral imperative. Our door is open, we are here for you when you are ready, and we will do everything within our power to protect your rights.”
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Tulsi Gabbard Hit With Whistleblower Complaint So Classified It Needs to Be Locked in a Safe: Report
The attorney representing the whistleblower called it "confounding" that it took Gabbard’s office eight months to send a disclosure to Congress.
Feb 02, 2026
A whistleblower last year filed a complaint against US Director of National Intelligence Tulsi Gabbard whose contents are so sensitive that the complaint itself has reportedly been locked in a safe.
The Wall Street Journal reported on Monday that the complaint was filed in May, and it set off "a continuing, behind-the-scenes struggle about how to assess and handle it, with the whistleblower’s lawyer accusing Gabbard of stonewalling the complaint."
The Journal's sources say that the complaint is so classified that no one in the US Congress has even laid eyes on it, as disclosure of its contents could cause "grave damage to national security."
A letter written by Andrew Bakaj, the whistleblower's attorney, to Gabbard in November accused her office of trying to block the complaint from reaching members of Congress by failing to provide guidance about how it should be handled while minimizing national security risks.
Gabbard's office told the Journal that it is working to get the issue resolved but that it is taking time because of the sensitive nature of the complaint, which it dismissed as "baseless and politically motivated."
However, Bakaj told the Journal that he doesn't believe Gabbard's office is making a good-faith effort to disclose the complaint to Congress.
“From my experience, it is confounding for [Gabbard’s office] to take weeks—let alone eight months—to transmit a disclosure to Congress,” he said.
The Journal was not able to verify the contents of the complaint against Gabbard, and Bakaj told the paper that its contents are so highly classified that he has not been allowed to view it.
Whistleblower Aid, the nonprofit legal organization where Bakaj serves as chief legal counsel, called on Monday for Congress to open an investigation into Gabbard "for hiding high-level intelligence... for nearly eight months," as well as for "her attempts to bury a whistleblower disclosure about her own actions," as required by US law.
National security attorney Mark Zaid, who co-founded Whistleblower Aid, praised the organization's work in representing the whistleblower and declared in a social media post that Gabbard and her office "have a lot of explaining to do."
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