Look Before You Leak (Scaramucci Didn’t)


By David Schleicher and David Gallagher

The recently fired Anthony Scaramucci no doubt knows now the difference between a leak and an on-the-record (and profanity-laced) interview. Whether from within the White House, the intelligence community, or deep inside the bureaucracy, the U.S. government is leaking worse than a toddler in a day-old diaper. Everyone seems to be disclosing, condemning leaks, or leaking to both disclose and condemn the disclosers.

Some see these as patriotic checks on government overreach, bad policy or even criminal acts.  Others see them as self-serving political maneuvers, possibly illegal in their own right, and certainly not helpful to an administration struggling to find its footing.

In any case, the decision to leak documents or information to the press is one to be taken with eyes wide open. Combining our backgrounds in representing federal whistleblowers and decades of public relations work, we offer these suggestions for anyone licking their lips in anticipation of blowing the whistle:

  1. Put on your big kid pants. Whistleblowing is not for the faint-hearted. Consider a client who testified about her agency’s wrongdoing to the U.S. House Oversight and Government Reform Committee on a panel that also included her agency’s own management officials. Or the one who walked up to his agency’s Inspector General before a hearing and in full view of his bosses introduced himself as a whistleblower and handed over a folder of incriminating materials.
  2. You are not as invisible as you think. Higher ups frequently can discern who told what. Go ahead and copy them on your disclosures, with return receipt. Otherwise, when they’re accused of retaliation, they’ll deny having had any idea it was you. It’s a management defense that has worked.
  3. Don’t go it alone. Call us biased because we advise people on career survival and public persuasion. But 10 minutes after walking into the lion cage, you’ll wish you had taken a zookeeper with you. Better they know your plan in advance than have to come in to clean up afterwards.
  4. Know the rules. Is your disclosure one protected by law (such as a violation of a law, an abuse of authority, or substantial danger to public safety)? Or one specifically prohibited by law (such as leaking classified information to media)? Some may decide their obligations to the constitution and to defend against “all enemies, foreign and domestic,” compel them to disclose things that violate laws that otherwise prohibit disclosure. But don’t stumble into illegality–there are protected channels for disclosing even classified matters, such as to Congress or an Inspector General.
  5. Go for the gold. If you are leaking documents simply to embarrass your enemies within the building or on the other side of the aisle, don’t waste your time waiting around for a medal. Make sure your whistleblowing is over something your grandchildren can admire you for. We believe that heroes also stay around to face the music. No retiring to Moscow permitted.

It is our theory that no major human disaster has occurred without someone first attempting to call attention to the impending doom. (Remember the INS employee who reported the strange flight school activities of those who would go on to bring down planes on 9/11?)

Whether Daniel Ellsberg and US policy in Vietnam, Karen Silkwood over unsafe nuclear plant practices, Cathy Massiter (MI5 surveillance of political activists), or Laurence do Rego (fraud with Nigeria’s Ecobank), there’s a reason the public holds whistleblowers in high regard: it takes guts and there’s often hell to pay. But done intelligently and for the right reasons, they can change history.

David Schleicher, of the Schleicher Law Firm, PLLC, represents U.S. government employees and splits his time between Waco, D.C., and Houston. David Gallagher is London-based, where he is president, Growth Development, International, for Omnicom Public Relations Group.


Just Say No (When to Steer Clear of a Client)

By David Gallagher and David Schleicher

Kayak on the Brazos River

As any fan of courtroom TV drama knows, the accused are entitled to professional legal counsel, no matter how heinous the charge. In the court of public opinion, the rules are a little less established but arguably similar: everyone should have access to advice, and a spotty reputation is not by itself a sufficient reason to be turned away by image consultants.

But as the recent resignation of White House press secretary Sean Spicer underscores, it’s well worth advisors of all types considering in advance when to walk away from an opportunity, and when to run. We’ve compiled these suggestions:

(1) It was once a given, but we feel compelled to say it: don’t do anything illegal. Don’t help anyone else do anything illegal. Don’t attempt to mask the illegal acts of others, or obstruct the law from investigating potentially illegal acts.

(2) Consider the ethics. “It’s legal” does not equal “it’s right.” This is a greyer area than the law, but professional bodies in communications and other areas of business advice have ethical frameworks to clarify ambiguities. Things like disclosing who you represent or are advising, sticking to facts and avoiding deliberate misrepresentation of the truth.

(3) Be pragmatic. Will a new assignment alienate others you work with already? Can your colleagues support the assignment in good conscience and to the best of their abilities? And if you do not own your business, will your shareholders be happy to be associated with the new project? Will your family be embarrassed by your work?

(4) Be realistic. Do you have the skills, experience and in, some cases, the stamina to do what’s required? Is the client willing to change the story by changing their behaviour, or simply demanding a change in the way they are portrayed?

(5) Think about the future. You may feel fully justified in what you’re doing and for whom you’re serving, but if it requires you to burn bridges with others you may need in the future – say, journalists, or the judiciary – you may want to pause before striking the match.

Your client who is ostracised today may with the hindsight of history become the hero (think Martin Luther King). At the other end of the spectrum, no professional wants their dying realization to be that they did such a good job at promoting the shunned that they will be recalled as the next Leni Riefenstahl.

(6) Finally, to thine own self be true. If you’re asked to advise on issues that don’t square with your own gut feeling of what’s right, regardless of the legal or practical circumstances, you’re unlikely to do the job as well as someone who’s truly on board. That’s unfair to the client and compromises your own integrity.

We can only assume in the case of Mr. Spicer and others advising the president that the lure of fame, the proximity to power, or a sincere belief that in some cases the ends justify the means (however unsavoury) is enough to endure the daily humiliations, questionable requests and vicious undercutting to which they are publicly and privately subjected.

This may be good enough for them, but we wouldn’t recommend it for others.

David Gallagher is London-based, where he is president, Growth Development, International, for Omnicom Public Relations Group. David Schleicher, of the Schleicher Law Firm, PLLC, represents U.S. government employees and businesses.

Disobedience As A Business Strategy


By David Schleicher and David Gallagher

Watching the rise of President Donald Trump, we ask if it’s time to dump or delete all those books by the experts on how to succeed in business or politics. Love or loathe him, all can agree he doesn’t play by the usual rules. He nonetheless defeated some 20 other major-party candidates on his path to the White House, also gaining a historic number of Republican primary votes and collecting wall-to-wall media attention.

Do the world’s leading experts need to recalculate their advice or is it only a matter of time before the usual rules bring Trump to defeat? His willingness to violate norms leaves some fearing doom of the American experiment in democracy. But it is that very eagerness to implode existing structures that makes his fans adore him. They take the resistance he encounters as proof he’s fighting the good fight against an out-of-touch and corrupt establishment.

Consider this common wisdom from business and political canons of the past:

  • If bad news is coming, get out in front of it.
  • To get legislation passed, be a consistent and credible source of expertise.
  • When you have greatly erred, admit it publicly and outline steps to prevent future occurrences.
  • Humility helps prevent disastrous decision-making.
  • Unnecessarily antagonizing a reporter will backfire on you.
  • Independent voters in the middle decide elections, so politicians should focus on them.

Trump, without embarrassment or hesitation, disregards all these tenets. Consider the drip-drip of bad news out of the White House, widely varied messages to Congress, the refusal to apologize for refusing to apologize, omnipresent boasting, declaring media the “enemy of the people” and a laser-like focus on pleasing his base. The combination is not coincidental.

But as much as one may “love winning,” the reality is that his legislative priorities remain stuck on the runway: repealing Obamacare, tax reform and infrastructure funding. Even with Republicans holding the White House, both houses of Congress and more often than not prevailing at the U.S. Supreme Court, his list of accomplishments is surprisingly diminutive.

Gallup polling labels Trump’s approval ratings “unusually low, unusually early.” They have reached record lows for a president’s first year in office and sit within 15 points of Nixon’s numbers at his resignation. On the other hand, Newsweek recently asserted that the “people who loved Donald Trump in November largely still love him in July.” Visit the right neighborhood in the right part of the United States and it’s not difficult to find Trump campaign signs still displayed proudly.

True, leaders who question assumptions and toss outdated norms can improve their success rate. Trump, by example, demonstrated that some who voted for Barack Obama could be converted to Trump voters and — equally valuable to him — others who turned out for Obama could readily be persuaded to stay home in spite of Obama’s strong endorsement of Hillary Clinton. We nonetheless decline to cease advising leaders to attend to core values such as empathy, clarity and purpose.

If Trump does succeed, it will not be at being “presidential.” Instead he offers a destination so different from the present that he will have gotten there because of, not in spite of, flouting the advice of experts, ignoring well-established customs, and traits and behavior previously deemed repugnant. This may be his goal; the prerequisite question for other leaders is what they hope for.

If it is to win within the current system and eliminate the dinosaurs among the competition, new methods and questioning assumptions are entirely appropriate. If you instead want to demolish an existing marketplace or political system, then feel free to start by tossing out the entirety of the wisdom of the ages and advising your experts to jog on.

Just keep in mind that when burning down a building from the inside, you are not guaranteed an escape route. If an approval rating in the 30 percent range is tolerable for you or your business, then by all means please feel free to give it a try. Someone has to star in future case studies.

       David Schleicher is an attorney representing U.S. government employees and a former DC lobbyist. David Gallagher is President, Growth Development, International, for Omnicom Public Relations Group. This originally appeared in the July 19, 2017 Waco Tribune-Herald.