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

On Monday, the Merit Systems Protection Board (MSPB) issued a decision once again denying whistleblower protection to a courageous federal employee.  In July 2003, U.S. Federal Air Marshal Robert MacLean blew the whistle on the Transportation Security Administration’s (TSA) plans to remove air marshals from long distance flights during the height of a terrorist alert in order to save money.  Congressional outrage the day after MacLean’s disclosure prevented the TSA from implementing the plan and the security of long distance flights was never compromised. On August 31, 2006, over four months after terminating MacLean and over three years after MacLean’s disclosure the TSA issued a regulation labeling his disclosure as Sensitive Security Information (sensitive but unclassified information).

• Email This
• Print
• Comments
• Trackbacks

During the last year, you sent over 11,000 messages to Congress demanding stronger whistleblower protection.  Thank you for your support!  Congress heard you, and this Thursday, June 11th, the Senate is holding a hearing on amendments to the Whistleblower Protection Act.  The Senate legislation currently lacks two critical provisions - universal coverage for all federal employees, including national security employees, and full court access.  Now we need to tell Congress that meaningful whistleblower protection must include these provisions.

Your support is more important than ever!  We have a historic chance to protect the federal employees responsible for oversight and accountability.

Please click here to contact Congress now!

• Email This
• Print
• Comments
• Trackbacks

Last week Bunny Greenhouse testified before the House Oversight and Government Reform Committee in support of the Whistleblower Protection Enhancement Act - H.R. 1507.   Although Bunny was removed from her Senior Executive Service position following her initial Congressional testimony about Halliburton no-bid contracts, she courageously returned to Capitol Hill because she believes that "all employees should be protected from retaliation for reporting waste, fraud and abuse."  Incredibly the Army Corps has once again retaliated against Bunny for exposing the truth.  Within hours of delivering her testimony, Bunny received an email from the Army Corps' Chief of Staff stating that all future testimony before Congress must be submitted for pre-approval by the Army Corps. In response to this unconstituional directive, Bunny has issued a new letter to the American people.  In the letter Bunny asks all Americans to take action to protect federal employees by demanding immediate passage of H.R. 1507.

"When the United States orders its employees to submit to censorship when they are exercising their constitutional right to 'petition Congress for redress of grievances,' it is time to fight back!"  

Click here to read Bunny's new letter and take action now.

Click here to read the National Whistleblowers Center's letter to President Obama concerning the retaliation against Bunny Greenhouse

• Email This
• Print
• Comments
• Trackbacks

On Thursday May 14th at 10 AM, the House Committee on Oversight and Government Reform will be holding a hearing "Protecting the Public from Waste, Fraud and Abuse: H.R. 1507, the Whistleblower Protecting Enhancement Act of 2009." This hearing is a critical opportunity to inform Congress about the need to protect federal employee whistleblowers.  Please visit the National Whistleblowers Center website: www.whistleblowers.org for updated information on the hearing.  
 

• Email This
• Print
• Comments
• Trackbacks

Yesterday, a bipartisan group of House members sent a letter to the President asking him to support whistleblower protection for federal employees.  The Representatives noted that whistleblowers have protected the economy, security, and constitutional liberty of all Americans.  They called on President Obama to support congressional efforts for stronger whistleblower protection, and asked the President to issue an Executive Order to restore the careers of federal employees who were removed from their jobs in retaliation for blowing the whistle.  

This letter is another indication that support for whistleblower protection is growing.  We are on the road to victory for federal whistleblower protection!  Please click here to sign the NWC petition.
Click here to read the Washington Post article on the House letter.
 

• Email This
• Print
• Comments (1)
• Trackbacks

I had the privilege of attending a session of the U.S. Supreme Court two days ago.  I was there to move the admission of Chicago area employment rights attorney Joette Doran.  While waiting for the justices to enter, I visited with attorneys who represent parents of special needs children.  They were attending to hear the Court's argument in Forest Grove School Dist. v. T.A. I quickly learned that one of the biggest barriers for special needs children is that their teachers fear retaliation.  

• Email This
• Print
• Comments
• Trackbacks

in 2006, the U.S. Supreme Court decided Garcetti v. Ceballos, in which they held that government employees are not protected by the First Amendment when they report concerns at work. This awful decision served as an impetus for advocates of employee rights, civil rights, and free speech issues, to band together and demand a comprehensive whistleblower law to protect government employees.  While advocates continue to battle for whistleblower rights in Congress, federal courts have begun to recognized the ill-conceived policies of the Garcetti decision. Recently, we told you about a 10th Circuit federal appeals court decision that allowed a building inspector whistleblower to have his day in court. Now, the 4th Circuit has produced a great decision in favor of a Baltimore policeman who reported misconduct in the police shooting of an unarmed elderly man.

As pointed out by this article, posted on The First Amendment Center website, Judge Wilkinson's concurring opinion in that case, Andrews v. Clark, is a powerful rebuke of the policies underlying the Garcetti decision. In his concurrence, Judge Wilkinson says that throwing out the whistleblower's case "would have profound adverse effects on accountability in government"  and “informed scrutiny of the workings of government...is impossible without some assistance from inside sources such as Michael Andrew.” This decision, along with Judge Wilkinson's concurrence, is great evidence that our federal judges get it.
 

I highly recommend reading the article, as well as the Andrews v. Clark decision.

• Email This
• Print
• Comments
• Trackbacks

Today, the National Whistleblowers Center joined a letter with members of the Make it Safe Coalition asking President Obama to reaffirm his campaign commitment to stronger whistleblower protections.  The letter acknowledges the Presidents efforts to improve transparency and accountability in the federal government with the creation of the Open Government Directive and the recent memorandum to agency heads directing them to adopt appropriate whistleblower protections to ensure scientific integrity.   However, the groups express concern that the President’s signing statement on March 11th could have a chilling affect on lawful whistleblower disclosures to Congress.

The letter urges President Obama to make his position clear and take three concrete steps to fulfill his commitment to transparency and accountability through strengthened federal employee whistleblower rights.

• Email This
• Print
• Comments
• Trackbacks

On Tuesday, Senator Charles Grassley asked the Acting Commissioner of the Food and Drug Administration to clarify the Agency’s position on the rights of employees to communicate with Congress and the Inspector General.  Grassley was responding to a memo issued last week that warned FDA employees about releasing information.

In the letter, Grassley stated, ““Federal laws protect whistleblowers and allow people who work in the federal bureaucracy to discuss what’s happening inside an agency with other officials.  Attempts to silence whistleblowers are illegal.  If the memo sent last week was intended to have a chilling effect on FDA employees who want to speak up about problems, then that memo is contrary to the President’s call for open and transparent government, and the Acting Commissioner needs to set the record straight.”

We applaud Senator Grassley’s continued commitment to protecting federal employees and hope other Senators follow his lead.   All federal employees, including FDA employees, need adequate whistleblower protection.

To read the Senator Grassley’s letter click here.

 

• Email This
• Print
• Comments
• Trackbacks

Two former Minnesota Occupational Safety and Health Administration (MNOSHA) inspectors, Terry Swanson and Douglas Crosby, testified before the Minnesota Senate that the Minnesota Department of Labor and Industry engaged in a number of fraudulent activities since 2006.  Swanson and Crosby reported that changes were made to final OSHA inspection reports even after the OSHA inspector signed the report and that documents have been removed from inspection files.  They also testified that inspectors have been pressured to not find violations against MNSTAR companies or issue citations to them.   MNSTAR companies are companies that MNOSHA recognizes for having labor/management safety committees that go beyond MNOSHA compliance standards.
 

• Email This
• Print
• Comments
• Trackbacks