How Does the Whistleblower Process Actually Work?

WASHINGTON – The White House is working to provide Congress with the report from the whistleblower who kicked off a new impeachment inquiry by House Democrats, targeting President Trump for his phone call with the Ukrainian president. 

The Trump administration is trying to de-classify the report so they can hand it to Congress, hoping it will help prove the president's innocence. But how does the whistleblower process actually work?

• First, a whistleblower complaint is sent to the Inspector General. In this case, the Intelligence Community Inspector General (ICIG) who reviews and investigates the complaint.

• The ICIG gives a copy of the complaint and his determination about its credibility to the Director of National Intelligence (DNI).

• After the whistleblower complaint and the ICIG's report, the DNI has seven days to report it to Congress. 

• The Whistleblower Protection Act allows whistleblowers to go directly to Congressional intelligence committees to report an "urgent concern," defined as, among other things, a "serious or flagrant problem, abuse, violation of law or Executive order, or deficiency" but they're obliged to obey directions from the DNI so their complaint remains secure.

In this case, involving President Trump, once the DNI realized the complaint was about the president, he sought guidance from the Department of Justice's Office of Legal Counsel (OLC), which advised him the complaint about the president's communications with a foreign leader was covered by executive privilege. Within the executive branch, OLC opinions are considered to be binding.