The directive has its shortcomings. It does not apply to government contractors and provides only limited protection for disclosures to Congress. Nevertheless, it is a good starting point and, if ever enacted into law and prominently promoted within the intelligence community, it might go a long way in fending off the next national intelligence debacle. Short of that, it is not Manning or Snowden or the whistle-blower that inevitably comes next who alone should be blamed for going public with national security concerns.
Gordon Schnell and Marlene Koury are attorneys in the New York office of Constantine Cannon, specializing in whistle-blower and fraud law.
Vice President Joe Biden waits to conduct a mock swearing-in ceremony with Sen. Brian Schatz, D-Hawaii, in the Capitol's Old Senate Chamber, December 2, 2014. Schatz was sworn in to serve the remainder of his term since he was appointed to the seat after Sen. Daniel Inouye, D-Hawaii, passed away.