Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

Stephen M. Kohn, Executive Director of the National Whistleblowers Center, wrote a history lesson published today by England's Guardian. Responding to recent calls to prosecute WikiLeaks and Bradley Manning under the 1917 Espionage Act, Kohn recounts how the Espionage Act was actually used. "The law has nothing to do with prosecuting spies. From its inception, it had everything to do with suppressing dissent," Kohn says. He explains that:

intellectuals, journalists, film producers and pacifist religious figures were also prosecuted. Prison terms were long, and some political prisoners died in federal jails. The abuses under the law were legendary, and mark a sad day in US history.

Kohn concludes with this plea:

The attorney general should stop trying to resurrect the Espionage Act, and instead dust off his copy of the US constitution. If he has any question as to the meaning of the first amendment, he should read James Madison's 1789 speech, in which he introduced the bill of rights in the first Congress of the United States: "Freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."

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Julia Davis is an award winning screenwriter and published photographer. She is Vice President of Fleur De Lis Film Studios, and the LA Homeland Security Examiner for Examiner.com. In her column today, she decries the flaws in S. 372, the Senate's version of the Whistleblower Protection Enhancement Act (WPEA).  She objects to its creation of a summary judgment procedure at the Merit System Protection Board (MSPB). "Unless the bill is amended, Administrative Judges with the MSPB will now be able to dismiss whistleblower claims without a hearing, based solely on affidavits filed by the agencies." She notes that whistleblowers will have to survive this expensive process to benefit from the right to request a jury trial in district court. With MSPB's track record of ruling for employees 1.7% of the time, S. 372 offers little hope for whistleblowers. Davis says:

The same MSPB judges who rule overwhelmingly in favor of the agencies will be empowered to be the gatekeeper for federal court. Much as an elusive oasis in the desert, the illusion of access to federal court is just that – an illusion.

Davis also faults S. 372 for failing to provide substantive reform of the MSPB and the Office of Special Counsel.  Her production company has released a letter to Congressional leaders urging correction of S. 372. She invites readers to take action to correct S. 372's flaws.

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Lindsey Williams, Advocacy Director of the National Whistleblowers Center (NWC), received the “Restore Integrity Award” from Popular, Inc. In its announcement today, Popular, Inc., captioned its award to my colleague by saying:

Attorney Lindsey M. Williams, Advocacy Director for the National Whistleblowers Center, for demonstrating her commitment through POPULAR to helping poor and other disadvantaged people access affordable and competent legal representation, important civil and criminal justice system reforms, as well as appropriate judicial oversight.

I have long been proud of Lindsey's thoughtful and persistent advocacy, and it is nice that others see her value so clearly.  Congrats, Lindsey!

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