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Another Reason FBI Whistleblower Protections Should Not Be Weakened
 

The Washington Post and Associated Press are reporting that the Department of Justice failed to properly review more than 100 criminal cases that were prosecuted in the District of Columbia and which were suspected of being tainted by false forensic evidence from the FBI crime lab. These cases were ordered reviewed because in 1997 the DOJ Inspector General verified whistleblower allegations by Dr. Frederic Whitehurst about serious misconduct at the FBI lab.

Photo: Dr. Whitehurst

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FBI whistleblower Dr. Frederic Whitehurst issued a letter today strongly opposing the repeal of FBI whistleblower rights contained in the current Senate version of the Whistleblower Protection Enhancement Act (S. 372). This bill is currently being “hotlined” in the Senate, a process by which legislation can be passed by unanimous consent, without any formal debate or vote.

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In a front-page article today, the Washington Post reported that between 2002 and 2006 the FBI illegally collected “more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews.”

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The Senate Select Committee on Intelligence stated in their 2010 budget report that they were “concerned about the abysmal state of the Intelligence Community’s foreign language programs.”  The Committee stated that intelligence agency personnel capable of reading and speaking targeted regional languages such as Pashto, Dari, and Urdu “remains essentially nonexistent.” (Page 53-54).

The Committee’s report confirms what two national security whistleblowers, Bassem Youssef and Sibel Edmonds, have been saying for years – that our intelligence agencies are not fully protecting the United States.  Knowledge of an enemy’s language and culture is essential for keeping us safe.

Today’s front page Washington Times article quoted NWC Executive Director, Stephen M. Kohn “All of these agencies did not adequately prepare before and have not staffed up after.  The Senate committee’s observations are 100 percent on point even today.  The failure of the intelligence community to require foreign language skills as a prerequisite for promotion has undermined national security and created a disincentive for recruitment.”

Protecting the United States is not a game of chance.  Expertise in foreign languages center to the War on Terror at the highest personnel levels is what is needed to adequately protect the United States from the next 9/11.

Please read the NWC's Inside the FBI's Counterterrorism Division for more information.

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One of the privileges of working for the National Whistleblowers Center is that I get to meet some truly remarkable people.  Last week, I could feel the electricity in the air as I introduced my client Bassem Youssef to Fred Whitehurst.  Fred was an earlier whistleblower from the FBI's Forensic Crime Lab. He is now an attorney leading our Forensic Justice Project.  Bassem is the FBI's highest ranking Arabic fluent Special Agent.  His career has been sidelined in recent years -- just when our country needed him the most.  After Fred and Bassem met, I could see the bond of familiarity that comes from surviving a shared suffering.  Let's see how well that bond photographs . . .

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Washington Post reporter Al Kamen writes in today's "In The Loop" column about an FBI diversity promotion.  Kamen looked at the FBI's web page to promote its American Indian/Alaskan Native Program.  The program seeks to "Eliminate discriminatory practices," increase representation in key occupational positions (including the Senior Executive Service, SES), and "to increase opportunities for all employees to advance to their highest potential."

Kamen notices that the photo on the FBI's web page is of Elizabeth Morris, a former FBI special agent who alleges that the FBI retaliated against her after she filed a complaint of workplace bias. "Morris," Kamen reports, "says she was fired in 2007 for filing a complaint against a supervisor for making racially insensitive remarks and for alleging that another agent sent subpoenas to dozens of businesses not under investigation with no intent of reviewing the records."  Sen. Charles Grassley (R-Iowa) has asked the Justice Department to report back about this.

If the FBI really wants to promote diversity, it could be looking within its own ranks for minority employees who could qualify for promotion.  Bassem Youssef is another example.  He is the FBI's highest ranking Arabic-fluent special agent.  Yet, the FBI sidelined him for five years after the 9/11 terrorist attacks.   In July 2006, the Department of Justice’s Office of Professional Responsibility concluded that the FBI illegally retaliated against Mr. Youssef because Mr. Youssef had made whistleblower disclosures to the Director of the FBI and a Member of Congress.

The FBI failed to promote Mr. Youssef to appropriate operational positions where the FBI as well as the nation would benefit from his exceptional and unique counterterrorism experience, Middle Eastern cultural understanding and Arabic language capability.

If the FBI is really serious about building a more diverse workforce, it must first admit that there's a gap and a problem that needs to be addressed. The FBI must protect its minority employees from retaliation. The FBI needs to allow independent reviews of its pending claims of retaliation, restore the careers of the affected minorities and take effective action against officials who retaliate.  

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Back in 1993, world renowned FBI scientist Dr. Frederic Whitehurst (pictured right) brought to light astonishing deficiencies and scientific fraud at the FBI Crime Lab. These allegations would lead to a massive reform of forensic science at the FBI. The FBI labs were just the beginning, and since that time, Dr. Whitehurst, as director of the National Whistleblowers Center's Forensic Justice Project, has been a vocal advocate for reforms nationwide. In 2007, his work was highlighted in a 60 Minutes/Washington Post Special Investigation, and Congress took action to force the review of the cases of thousands of criminal defendants who had been convicted on potentially tainted bullet-lead evidence.

A new study by the National Academy of Sciences has put forensic science and crime laboratories back in the news, and not in a good way. The two-year congressionally funded report, issued February 18th, details the need for reform in our nation's forensic science programs. Specifically, it calls for an independent oversight organization called the National Institute of Forensic Science. Among other deficiencies, the report finds:

• hundreds of thousands of backlogged an delayed requests for analysis
• understaffing at 80% of the nation's crime labs.
• a lack of certification and accreditation standards leading to inconsistencies between federal, state, local governments.
• hundreds of convictions have been based on flawed science

These findings are extremely troubling, and we are happy that Congress took the initiative to fund this study. Now the New York Times is reporting that the Senate Judiciary Committee is planning to hold hearings on this report, and we believe that there would be no one better to testify on these issues than Dr. Whitehurst.

Digg This Story Here

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I am happy to say that we have received another significant endorsement for federal employee whistleblower protections. The Federal Law Enforcement Officers Association has issued a statement in support of the Whistleblower provisions passed by the House of Representatives in the Economic Stimulus package last week, and is urging the Senate to pass the bill with the whistleblower provisions intact. Further, FLEOA is calling on President Obama to enact an executive order which would restore the careers of Law Enforcement Officers (including counterterrorism agents) who have had their careers destroyed after blowing the whistle.

Jon Adler, the National President of FLEOA had this to say about the retroactive protections:

"After abiding by their oath to uphold the laws of the Constitution, this small select group of federal law enforcement and counter-terrorism agents suffered unwarranted retaliation due to the ineffective and outdated federal Whistleblower Protection Act currently in effect."

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The Washington Independent published an article addressing the lack of protection offered to whistleblowers in the stimulus bill.  The article quoted Stephen Kohn, who states: "The biggest defect in the current language in the House and Senate versions, is about blowing the whistle internally." The bill protects only employees that report wrongdoings to Congress or an Inspector General, but does not provide protection to those that make internal reports to their own employers. Protecting taxpayer money with strong oversight and accountability safeguards is of extreme importance, therefore Congress must provide adequate protection for all whistleblowers. 

"Whistleblowers Vulnerable in Stimulus" by Daphne Eviatar

*Thelma Lizama (a NWC intern) contributed to this posting

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