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

This Monday, May 12, the Democratic Policy Committee is scheduled to hold hearings  to  "examine  the impact  of  American  reconstruction  and  anti-corruption failures on the U.S. mission in Iraq." Several former government employees will be offering testimony.

This hearing is a continuation of the admirable work that this committee has done in shedding light on problems in Iraq. In September 2007, Army Corps whistleblower Bunnatine "Bunny" Greenhouse testified before the committee regarding her opposition to the multi-billion dollar "no bid" contract awarded to Halliburton/KBR in the run-up to the Iraq war.

Detailed information about the May 12, 2008 hearing can be found here.

Here are the links for the September 2007 testimony of Bunnatine Greenhouse and Stephen M. Kohn.

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Many MSM sources (such as the New York Times and CNN)and blogs (like Talk Left) are now reporting that the Office of Special Counsel was raided by the FBI today, along with the home of agency head Scott Bloch. Bloch and his agency are under investigation for obstruction of justice stemming from an ongoing probe in which Bloch and other managers at the OSC -- the agency responsible for investigating federal whistleblower complaints -- are suspected of retaliating against whistleblowers in that agency.

Mr. Bloch has been under investigation since 2005, and today's events are in no doubt related to the fact that he used a private computer service company (Geeks on Call) to erase his personal and office computers during the time of the investigation.

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Recently I wrote a blog post on the need for whistleblower protection in the South Carolina State Police and how their upper eschelon was retaliating against troopers who blew the whistle on a fellow officer who intentionally hit a suspect with his car.

Although there has been no news of reform out of South Carolina, at least one state is getting the message. Connecticut's state senate has passed expanded whistleblower protection in the wake of its own state police corruption and retaliation scandal.

Since the U.S. Congress has yet to pass meaningful whistleblower reforms for Government employees, it is important that states act to sure up protections for honest employees who report waste, fraud and abuse.

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As you have no doubt heard, last week two Federal Aviation Administration (FAA) employees told reporters that Southwest Airlines had engaged in an extended campaign to avoid mandatory safety inspections and had attempted to have FAA inspectors who discovered the violations removed. This is just another shocking story that illustrates the need for federal employee whistleblower protections.

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A troubling whistleblower story has been developing in South Carolina. The federal authorities and  the South Carolina state senate is investigating systematic retaliation by the SC State Police against their own officers who report illegal activity within the agency. Read about it here>>

Most recently, whistleblowers' disclosures there have led to the release of these shocking videos, showing officers using their vehicles as a weapon to ram fleeing suspects.

As one state senator put it, the SC State police has been run by "good ol' boy politics."

Hopefully the state and federal investigations in South Carolina will root out the wrongdoers and result in the proper reforms, but this instance really shows the need for better state and federal laws to protect whistleblowers. After the devastating 2006 Garcetti v. Ceballos Supreme Court decision, government whistleblowers no longer have the First Amendment to rely on as a shield against retaliation, which leaves them with basically no protection whatsoever.

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Federal employees got a bit of good news last month when the United States Court of Appeals for the District of Columbia struck down a district court’s attempt to keep federal employees from being able to litigate non-discrimination claims as part of a “mixed case” complaint: one which can be filed in federal district court when no administrative decision is issued after 120 days. 

This decision, Ikossi v. Department of the Navy, together with two prior Court of Appeals decisions, Butler v. West and Evano v. Reno, form a trilogy of cases that produce a roadmap that should that should enable federal employees the right to join a federal Whistleblower Protection Act claim together with a Title VII discrimination claim and proceed to federal court on the entire claim in federal district court when the agency fails to issue a final administrative decision within 120 days. 

According to Michael Kohn, who is General Counsel to the National Whistleblower Center and served as lead counsel in the Ikossi case:

“the most effective way to escape the reach of the MSPB and the Federal Circuit’s stranglehold on whistleblower claims is for those individuals who can raise a Title VII discrimination claim in to file a “mixed case” complaint with a federal agency’s Equal Employment Opportunity (‘EEO”) office claiming that the adverse action flowed from unlawful discrimination and as a result of having engaged in protected whistleblower conduct.”     

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As reported in the New York Times, ABC News, the Associated Press, and other media outlets yesterday, the Department of Justice Office of the Inspector General has issued a report on their continuing investigation of the FBI's widely criticized "national security letters" program.  The IG found that top FBI counterterrorism officials, including the current Assistant Director for Counterterrorism and Executive Assistant Director for Counterterrorism, signed off on "blanket" NSLs which authorized the warrantless obtainment of records for over 3,000 phone numbers.

• National Whistleblower Center 3/13/08 Press Release
• Inspector General's Report on NSLs Dated 3/13/08
• More on FBI Whistleblower Bassem Youssef

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The Transportation Security Administration announced this week that its screeners would have the ability to appeal their whistleblower retaliation claims. The screeners have, since the agency's 9/11 reforms, enjoyed far less federal employee whistleblower protection than other government employees. Before the change, employees who blew the whistle on unsafe practices in the security systems of our nation's airports had but one recourse: they could take their case to the Office of Special Counsel. The OSC is an "independent" government agency charged with hearing whistleblower complaints -- the truth is that meritorious claims are routinely dismissed by the OSC.

Now, the TSA Screeners, like many other government employees, can appeal an OSC ruling to the Merit Systems Protection Board ("MSPB"). Although this does provide an extra layer of protection for some of our nation's most critical whistleblowers, it is far from optimal. The fact is that, like other victims of illegal retaliation and discrimination, whistleblowers should have the right to appeal their cases to federal court, and have their case heard by a jury.

That being said, kudos to the American Federation of Government Employees for pushing the new regs, their efforts are certainly a commendable step in the right direction.

Stephen Barr of the Washington Post reported on this story here>>>

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Yesterday, January 30, 2008, in a Senate Judiciary Committee DOJ Oversight hearing, Senator Charles Grassley (above, right) had some tough questions for Attorney General Michael Mukasey. Notably, Senator Grassley, a longtime critic of FBI policies and actions against whistleblowers, asked the AG about Special Agent Bassem Youssef, who has exposed serious misconduct in the war on terror.

In his full written questions, Senator Grassley, citing an October 2007 letter to Mukasey sent by Mr. Youssef's attorney, Stephen Kohn, says:

"Special Agent Youssef, through his counsel, provided my office with a
copy of a ten page letter (dated October 11, 2007) filed with your
office detailing threats to our nation's security caused by the failure
of the FBI to hire and promote subject matter experts within the FBI's
counterterrorism division. The examples set forth in that letter are
extremely troubling.  [Mr. Chairman, I ask that the letter be placed in
the record.]

What action has your office taken to investigate the issues and concerns
raised in Mr. Youssef's October 11, 2007 letter?

Do you plan to seek an independent review of Youssef's allegations about how lack of expertise among FBI managers is hindering its
counterterrorism efforts?  Why or why not?"

He goes on to ask Mr. Mukasey about the abuses related to National Security Letters program, of which Mr. Youssef has firsthand knowledge, and has been a vocal critic.

You can read all of Senator's Grassley's tough questions for Attorney General Mukasey after the jump...

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By: Jane Turner

I find that the most amazing part of being an FBI whistleblower is watching while FBI managers who are directly involved in misconduct, malfeasance, obstruction, or criminal activity--which whistleblowers bring to light--are rewarded, promoted, and/or given bonuses. The Director of the FBI did not even have the common courtesy to exile the guilty parties to Butte, Montana or Minot, North Dakota. He allows them to continue to be elevated into the highest ranks of the FBI, receiving all the benefits that those lofty positions bring.

For instance, the Zacarias Moussoui debacle, where managers in the FBI would not allow FBI agents to get a search warrant for Moussoui's personal possessions, even though evidence presented was compelling. It is a long and tortured story, one that might have ended in FBI agents possibly stopping the attacks of 9/11 if managers at FBI Headquarters had not been guilty of "obstructionism, criminal negligence and careerism" (SA Harry Samit, FBI, U.S. District Court for the Eastern District of Virginia, Alexandria Division 3/9/2006).

Senator Charles Grassley (R) and others have pointed out that no one in the FBI management team has been fired or punished for 9/11, and in fact, several have been promoted. Later, I will name not only those individuals involved in 9/11 who were negligent, but also name those in my case who were involved in that obstructionism, criminal negligence and careerism, and were subsequently promoted. One of the FBI managers in my case who was involved in misconduct, was also involved in the Moussoui investigation.

It is indeed a small world when one is a FBI Whistleblower.

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This week, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (HR. 4986). Section 846 of this bill is a provision designed to protect employees of defense contractors when they report fraud to Congress, an Inspector General, the Government Accountability Office, or a Department of Defense employee charged with overseeing contracts.

The Bush administration has consistently opposed whistleblower rights for employees of the federal government and its contractors. Veto threats have been issued against the whistleblower protection legislation that has been proposed by the Congress (click here for the latest on those bills). The administration claims that protecting whistleblowers could harm national security, but the truth is the exact opposite: strong whistleblower laws can help keep this country safe and secure, as well as save us billions of dollars in wasted revenue.

In this case, the President had no choice but to sign the Defense Authorization bill into law, but then he went out of his way to express sharp disapproval of the whistleblower provisions in his signing statement. This statement (below), goes against the spirit of the law, and gives the president justification to ignore a congressional mandate.

“Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements that could inhibit the President's ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect national security, to supervise the executive branch, and to execute his authority as Commander in Chief. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President.”

In short, the new law is a victory worthy of great praise, but the President’s brash treatment of legislation designed to protect honest employees is deplorable.

See the full text of HR. 4986, sec. 846 after the jump...

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Early this morning, Stephen Kohn gave a 10 minute interview which provided some insight into the case of FBI counterterrorism whistleblower Bassem Youssef. For those of you who don't live in the DC area or who (like me) were not awake early enough to catch this interview, you can listen to it by clicking here.

Click here for more information and media coverage on the continuing retaliation against Mr. Youssef.

Sign up for our RSS feeds today, and get the latest whistleblower news.

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Last month we reported on a key Whistleblower/Civil Rights tax case that was filed with the Supreme Court by attorneys working with the National Whistleblower Center. See Whistleblowers Blog (December 13, 2007). The case is Murphy v. IRS, No. 07-802 (Supreme Court), and the principal issue is whether the IRS can tax as income plaintiffs' court awards for non-physical compensatory damages, such as make whole awards for emotional distress and loss of reputation.

Since the petition for a writ of certiorari was filed on December 13, 2007, the Solicitor General has requested and received an extension of the time for the government to file a response to Ms. Murphy's cert petition. A copy of the Solicitor General's request is available here, and a copy of the order granting the request is here.

**Also, a brief update on the status of the case was reported in today's Wall Street Journal.

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Here are links to some of the blog posts and websites that covered FBI Whistleblower Bassem Youssef's discussion at the American Library Association conference, where he discussed the Bureau's counterterrorism shortcomings.

Here is a look at some blog posts:

Huffington Post:
http://www.huffingtonpost.com/2008/01/14/fbi-agent-criticizes-coun_n_81355.html

Wonkette:
http://wonkette.com/344491/the-fbi-agent-and-the-naughty-librarians

The Raw Story
http://rawstory.com/news/2007/Whistleblower_effectively_gagged_by_FBI_0110.html

Some others:

• http://blog.americancongressfortruth.com/2008/01/13/arab-american-fbi-agent-faults-counterterrorism-work/
• http://www.atlargely.com/2008/01/bassem-youssef.html
• http://prairieweather.typepad.com/big_blue_stem/2008/01/fbi-warrantless.html
• http://www.whatreallyhappened.com/archives/cat_coverupdeceptions.html#076481
• http://freegovinfo.info/node/1564
• http://womenslens.blogspot.com/2008/01/egyptian-fbi-agent-speaks-out.html
• http://www.libraryjournal.com/article/CA6522302.html?desc=topstory

And some traditional media sources:

• http://www.cqpolitics.com/wmspage.cfm?parm1=1&docID=hsnews-000002654526
• http://www.usatoday.com/news/washington/2008-01-12-fbi-whistleblower_N.htm
• http://www.washingtonpost.com/wp-dyn/content/article/2008/01/11/AR2008011103665.html
• http://www.npr.org/templates/story/story.php?storyId=18028499
• http://ap.google.com/article/ALeqM5hyFyyiD5i9Yl4A0-s47omtQcMCcAD8U4L3T00
• http://www.registerguard.com/csp/cms/sites/dt.cms.support.viewStory.cls?cid=48127&sid=6&fid=1
• http://online.wsj.com/article/SB120018357493386451.html?mod=googlenews_wsj
• http://www.timesleader.com/news/ap?articleID=336347

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On December 28th, I blogged about FBI Counterterrorism whistleblower Bassem Youssef, and his intention to speak at the American Library Association conference this Saturday, January 12. Since that time, Mr. Youssef has been informed by his managers that he should be very careful about what he says regarding the Bureau's deficiencies and missteps in the War on Terror.

According to a letter sent to the Executive Director of the ALA's Washington Office by Mr. Youssef's attorney Stephen Kohn, The FBI has sent a "clear warning" to Mr. Youssef regarding the content of his speech, and further, has instructed Mr. Youssef to follow strict censorship rules -- rules which he is not allowed to share with anyone outside of the Bureau. Due to threats from FBI managers and these secret censorship requirements, he is now unable to give a speech at the conference. Rather than give a prepared speech, Mr. Youssef will only be available to answer questions from the audience.

The National Whistleblower Center has issued an action alert, calling for supporters to email the Attorney General and demand that he end the senseless retalition and censorship of Mr. Youssef.

Mr. Youssef is scheduled to discuss this issue in an interview with NPR, airing tonight. Check back, I will post more information as it becomes available.

UPDATE: NPR is airing the Youssef story tonight on "All Things Considered." It will be available online at 7pm. (listen here) 

**This issue was also covered in today's Wall Street Journal and on the Raw Story blog.
    (To view the entire WSJ piece, access it through a Google News search)

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Yesterday, Minneapolis Chief U.S. District Judge James Rosenbaum ordered the FBI to pay over $1 million to former FBI Agent Jane Turner and her attorneys. Combine that amount with the $360,000 that Turner was awarded by a jury in February 2007, it brings her total court award, to nearly $1.4 Million. The judge's ruling yesterday dealt yet another solid blow to the FBI, which had filed an objection to Ms. Turner's request for reimbursement of her attorneys fees.

Special Agent Turner was a highly regarded child crime agent working in the "Indian Country" of North Dakota for thirteen years. She experienced harsh retaliation from her managers after blowing the whistle on sex discrimination within the FBI, as well as negligence in child abuse investigations. In January 2007, a Minneapolis jury awarded Turner over $500,000 for retaliation and backpay - which by law was reduced to $360,000.

**Tad Vezner of the Pioneer Press has a good article on this issue linked here**

The FBI initially appealed the jury verdict, but the Solicitor General of the United States intervened and forced the FBI to drop their appeal.  

Stephen Kohn, Ms. Turner's attorney and President of the National Whistleblower Center, called the Turner decision "vindication for an irrational attempt by the FBI to destroy one of its highly decorated veteran agents after she exposed highly discriminatory practices by her management."

In addition to disclosing discrimination, Ms. Turner also reported widespread theft by FBI agents at the 9/11 crimescene. A subsequent DOJ investigation found that scores of employees had stolen items belonging to the victims, including a crystal Tiffany globe and bloodstained clothing.

"FBI management at the highest levels must be held accountable for their crude attempt to cover up official misconduct. What the Bureau did to Jane Turner is unnaceptable in modern law enforcement." Added Kohn.

**North Dakota TV station KFYR has video on the Turner issue here

**Dan Browning of the Minneapolis Star-Tribune has written numerous articles on the Turner case, and has more on the Judge's decision here (Free Subscription Required)

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Bassem Youssef, a Supervisory Special Agent with the FBI, will be speaking at the American Library Association (ALA) conference in Philadelphia on Saturday, January 12th. Mr. Youssef (pictured at right with former FBI director Louis Freeh) is a whistleblower who exposed major shortcomings in the Bureau's conterterrorism efforts, including the fact that top counterterrorism officials have no knowledge of even the most elementary details regarding the Muslim religion or terrorist ideology (See Jon Stewart's hilarious "Daily Show" segment, featuring information from Mr. Youssef's case).

Mr. Youssef is slated to address the ALA about the FBI's use of "National Security Letters" to obtain phone records of Americans without a warrant. The NSL debacle was reported in the Washington Post earlier this year. Mr. Youssef will also speak about his experiences as a whistleblower.

The ALA has long been a champion for civil liberties, privacy and intellectual freedom.

• The presentation will be videorecorded, and we will post the video as soon as it becomes available.
  
  
• See more detailed information about Mr. Youssef's case at the National Whistleblower Center's "Inside the FBI's Counterterrorism Division" webpage.

• Click here to subscribe to our RSS feeds for the latest whistleblower news updates.

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The op-ed page of the New York Times contained an editorial today about the passage of S.274, the Senate whistleblower protection legislation (we blogged it here) , and the need for a strong bill to come out of conference. Check it out:

"Protection for Endangered Whistleblowers"
PDF Version

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**UPDATE: THE FULL TEXT OF THE LEGISLATION IS LINKED HERE

This week, Congressman Albert Wynn introduced the Congressional Disclosures Act (HR. 4650), legislation to protect federal employees from retaliation when they make disclosures to members of Congress. This is important legislation and it has been strongly supported by the National Whistleblower Center and many other public interest groups.

This bill is the second of the No FEAR (Notification of Federal Employees Anti-discrimination and Retaliation) laws, the first of which was enacted in 2002, and has been described as "the first civil rights law of the 21st century."

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This weekend, The Detroit News reported that the remaining federal criminal charges against DOJ whistleblower Richard Convertino will be dropped. Mr. Convertino, a career federal prosecutor, was hit with conspiracy and obstruction charges after blowing the whistle on DOJ mismanagement of terror investigations.

• Click here to read the article
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