“Committing the Truth” in the Deep State

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In these polarized times, there is a striking bi-partisan consensus that government whistleblowers ought to be protected. Unsurprisingly, however, that consensus breaks down once we delve into the details of who counts as a whistleblower and what kinds of disclosures merit legal protection. In her talk, Professor Kitrosser considers two particularly controversial types of disclosures: First, those made by civil servants in the course of simply carrying out their jobs – for example, by writing scientific reports or making economic projections – where their stated conclusions conflict with their superiors’ preferences. Second, disclosures to the media that contain information that the executive branch has deemed classified.  

Professor Heidi Kitrosser joined the University of Minnesota Law School faculty in 2006. She was a visiting professor at the Law School from 2005-06, and an assistant professor at Brooklyn Law School from 2003-2006.

Kitrosser is an expert on the constitutional law of federal government secrecy and on separation of powers and free speech law more broadly. She has written, spoken, and consulted widely on these topics. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, was published in 2015 by the University of Chicago Press. It was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. Kitrosser’s articles have appeared in many venues, including Supreme Court Review, Georgetown Law Journal, Journal of National Security Law and Policy, Minnesota Law Review, and Constitutional Commentary.

Kitrosser is a 2017 Guggenheim Fellow. She is spending the 2017-18 school year using her fellowship to work on a new book about the law and policy of whistleblowing among federal government employees and contractors.

Kitrosser graduated from UCLA in 1992, summa cum laude and Phi Beta Kappa, with a B.A. in political science. She received her J.D. degree from Yale Law School in 1996. During her third year at Yale, she won the Harlan Fiske Stone Prize for best oral argument in the Morris Tyler Moot Court of Appeals.

Following law school, she clerked for Judge William Rea on the District Court for the Central District of California and for Judge Judith Rogers on the U.S. Court of Appeals for the District of Columbia Circuit. She also worked as an associate at the Washington, D.C., office of Jenner & Block.