Rand Paul denies trying to out whistleblower at impeachment trial. Would it be legal?

Supreme Court Chief Justice John Roberts shot down a question by Kentucky Sen. Rand Paul that is thought to have named the alleged whistleblower at the center of the impeachment complaint.

“The presiding officer declines to read the question as submitted,” Roberts said after appearing to read the question during the Senate impeachment trial Thursday.

Paul said Wednesday he was planning to ask the question after expressing frustration that Roberts said he would not name the alleged whistleblower, according to multiple reports. This effort was confirmed by Paul’s spokesman on Twitter.

“Uncertain of what will occur on the Senate floor, but American people deserve to know how this all came about,” the spokesman wrote.

Paul later argued during a press conference that his question made no reference to any whistleblower and that Roberts had made an “incorrect finding.”

“I think this is an important question, one that deserves to be asked,” he said, according to multiple reports.

Is naming the whistleblower against the law?

Paul’s effort brings to question whether naming the alleged whistleblower violates the law.

In this case, the whistleblower who filed the complaint is protected under the Intelligence Community Whistleblower Protection Act of 1998. The law prevents the intelligence community inspector general from revealing the person’s identity, but it does not apply to members of Congress or the president.

Naming the whistleblower could still open up someone to a civil lawsuit, especially if the whistleblower is fired or exposed to violent threats. And members of Congress could face other disciplinary action, according to NPR, such as being removed from a committee or being sanctioned.

It is unclear whether Paul will face any action over his efforts. However, Senate Majority Leader Mitch McConnell indicated before Thursday’s session that he does not approve.

“We’ve been respectful of the Chief Justice’s unique position in reading our questions and I want to be able to continue to assure him that that level of consideration for him will continue,” McConnell said.