House Democrats this week introduced legislation aimed at making sure Trump administration employees can still blow the whistle on “wrongdoing” in the government, even if they have signed a nondisclosure agreement.
The legislation follows last week’s testimony from former Trump lawyer Michael Cohen, who said President Trump often seeks NDAs from his staff. Reports over the last several months have said many senior White House staff have been required to sign NDAs as a condition of employment.
Rep. Raja Krishnamoorthi, D-Ill., introduced the bill after talking to Cohen last week about the use of NDAs.
“Would you agree that in the use of these types of NDAs, with this type of language, and later when Donald Trump sought to enforce them, that he intended to prevent people from coming forward with claims of wrongdoing?” Krishnamoorthi asked.
“Yes,” Cohen replied.
Krishnamoorthi’s bill would clarify that any NDA signed by White House staff are unenforceable when staff wants to expose wrongdoing by the White House. He said that while many already view these NDAs as unenforceable, the bill would help clarify this and reduce the chilling effect these NDAs might have on employees.
“Congress has a duty to provide oversight over this administration, and protecting whistleblowers is a crucial part of that,” Krishnamoorthi said. “This legislation clarifies that any nondisclosure agreements signed by White House employees do not cover actions protected by federal whistleblower law, and ensures that those in the Administration with knowledge of wrongdoing will not be afraid to speak the truth.”
Krishnamoorthi introduced similar legislation in the last Congress, but it went nowhere as the House was led by Republicans. Democratic leaders haven’t indicated yet whether they would be open to voting on the bill.
[Also read: Ex-Trump campaign staffer files suit to void nondisclosure agreements after being fined $50K for earlier suit]
