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Senator Grassley Hammers the FDA on the Senate Floor

Once again Senator Grassley has proven himself to be a champion of whistleblowers and government oversight. The NWC applauds Senator Grassley's floor statement today and we hope that the FDA heard him.

Please take a few minutes to watch Senator Grassley address the Senate or read the transcript of his statement reproduced in its entirety below.


Senator Grassley's Floor Statement on the FDA's illegal whistleblower surveillance program
July 17, 2012

I rise today to speak about a federal agency that has forgotten that it works for the American public.

This is an agency that has gotten too big for its britches.

Some of its officials have forgotten who pays their salaries.

The Food and Drug Administration (FDA) is supposed to work to protect the American people.

Except lately, the only thing the FDA bureaucrats seem to have any interest in protecting is themselves.

According to whistleblowers and published reports in the Washington Post and New York Times, the agency in charge of safeguarding American public safety has trampled on the privacy of its employees.

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CBS Evening News: FDA spying on their own scientists

NWC Executive Director Stephen Kohn spoke to CBS Evening News tonight about the chilling effect the FDA's illegal whistleblower surveillance program has on employees' willingness to report serious health and safety issues. You can TAKE ACTION to stop the government's highly intrusive and harmful surveillance program by sending an email to your elected officials.

NWC Response to Article Documenting Illegal FDA Surveillance

Today, the New York Times released a groundbreaking story on the government's secret spying program on a group of whistleblowers employed by the Food and Drug Administration (FDA). 

Stephen M. Kohn, the Executive Director of the National Whistleblower Center and the lead attorney for the FDA whistleblowers, issued the following statement:

We hope that the revelations in today's New York Times will mark a turning point in the battle to stop the retaliatory surveillance of whistleblowers who risk their careers to report misconduct.

The spying program revealed in today's New York Times article was illegal. The story demonstrated how government mangers used a covert spying program to interfere with the ability of federal employees to lawfully report significant threats to the public safety to Congress, law enforcement officials and the American people. We hope that these public disclosures will mark the beginning of the end of government spying on employees who report misconduct to the appropriate authorities.

It is well established that American citizens do not forgo their First or Fourth Amendment Constitutional rights when they work for the government. The opposite is true. The U.S. Supreme Court and numerous lower courts have recognized the importance of protecting government workers who expose wrongdoing. These protections are vital to a democratic society. Government whistleblowers are often the most important source of information exposing government misconduct, corruption and the waste of taxpayer money.

The conduct by FDA managers, designed to undermine a group of doctors and scientists who reported significant health and safety violations, is deplorable. Those involved must be held accountable.
 
You can TAKE ACTION to stop the government's illegal spying program by sending an email and sharing it with your friends.
 
You can also help the NWC in our efforts to stop these outragous practices by joining our Partners for Truth program. 

NWC Demands Immediate Release of FDA Spying Documents

Last week, the National Whistleblowers Center filed a motion for preliminary injunction under the Freedom of Information Act in U.S. District Court in DC. The motion has been filed in order to get the FDA to release all documents pertaining to their illegal surveillance of employees’ private email correspondence. NWC has a limited number of documents that show the FDA conducted special targeted monitoring of employees who blew the whistle on misconduct and inappropriate approvals of unsafe medical devices. The FDA activated spyware on whistleblowers’ work computers to spy on their password protected Gmail-to-Gmail correspondences to Congress, the Office of Special Counsel and other oversight authorities.

According to Lindsey Williams, Director of Advocacy and Development for the National Whistleblowers centre, “It is critical that the FDA immediately release the documents related to their illegal spying program. The program has created a chilling effect throughout the federal government. Federal employees must feel free to report their concerns to Congress and OSC.”

As per preliminary injunction rules, the judge must hold a hearing within the next 20 days and rule shortly there after.

 

*Abisola Ojikutu (a NWC intern) drafted this posting

Congress Questions Federal E-mail Surveillance Policies

Yesterday, Senator Charles Grassley and Representative Darrell Issa released a letter asking the Obama Administration for assistance in assessing the e-mail monitoring policies of all federal agencies. This letter was sent in light of Congressional and Office of Special Counsel investigations into the Food and Drug Administration's (FDA) illegal targeting of whistleblowers for highly-intrusive monitoring.

The Congressional investigations raised the "broader question about the policies and practices for electronic surveillance at other federal agencies" and asked the Obama Administration's Office of Management and Budget to conduct a survey of every federal agency's policy.

These investigations were sparked by a lawsuit filed by six FDA whistleblowers and documents released by the National Whistleblowers Center that show the FDA intercepted personal communications to Congress, including emails to House Oversight and Government Reform Committee. 

You can Take Action by sending an email to the President, FDA officials, and members of Congress demanding that the six whistleblowers be protected and targeted surveillance be halted throughout the federal government.

This Week on Honesty Without Fear

Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Steve Kohn will interview Dr. Ewa Czerska, one of the original “FDA 9” and a Ph.D. medical doctor. As a lead device reviewer, Dr. Czerska blew the whistle on health and safety violations in FDA, was the subject of targeted surveillance, her confidential communications with the Office of Special Counsel (OSC) were illegally intercepted, and was fired after 23 years of public service. This is the first radio interview of any member of the “FDA 9.”

Take action to protect the FDA whistleblowers and demand the government stop illegally targeting whistleblowers for surveillance.

In the second half hour, Richard Renner interviews author Eyal Press about his new book, Beautiful Souls: Saying No, Breaking Ranks, and Heeding the Voice of Conscience in Dark Times. They discuss stories of people who refused to conform when faced with morally compromising situations.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

This Week on Honesty Without Fear

Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Steve Kohn discusses the updates in the FDA whistleblowers case and Congressional investigations of FDA manager misconduct. Find out how this case can impact every federal agency’s ability to monitor its employees and silence those who want to alert the public about health and safety issues.

You can take action to protect the FDA whistleblowers and demand the government stop illegally targeting whistleblowers for surveillance here.

In the second half hour, Richard Renner interviews Charlie Goetsch about the Federal Rail Safety Act (FRSA). Mr. Goetsch is a founding partner of the Connecticut law firm of Cahill Goetsch & Perry, P.C.. He is a national expert in rail safety, and the author of the Train Law Blog. Mr. Goetsch's clients have prevailed is some of the first decisions under the FRSA, and now he is preparing for the first federal jury trial to be heard under this law.

Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

This Week on Honesty Without Fear

Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Richard Renner and Lindsey Williams discuss the updates in the FDA whistleblower illegal surveillance case, including Senator Grassley’s biting letter to FDA Commissioner Hamburg demanding answers about illegally intercepted communications to Congress, including to and from his office.

You can take action to protect the FDA whistleblowers and demand the government stop illegally targeting whistleblowers for surveillance here.

In the second half hour, Richard interviews Indira Talwani, the Boston attorney who represents corporate whistleblower Jackie Lawson.  Ms. Lawson blew the whistle on major corporate fraud at Fidelity Investments. Last week, in a stunning decision the First Circuit Court stripped Sarbanes-Oxley (SOX) whistleblower protection from Ms. Lawson and countless other contractors and subcontractors of privately held companies. Ms. Talwani expresses her concerns about how the court's decision will affect the ability of the public to discover corporate fraud and discusses the next steps on this critical issue.

Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

Senator Grassley's Ten Scathing Questions for the FDA

Amid this week’s media frenzy, Senator Charles E. Grassley (R-Iowa) has sent a scornful letter to FDA Commissioner Hamburg about the FDA’s targeted whistleblower surveillance program.

If you missed the original story about the FDA’s illegal spy operation, you can catch up by reading the Washington Post’s original article and blog entry or the National Whistleblowers Center’s press release.

Senator Grassley’s letter is worth reading, as it gets to the heart of why the FDA’s program was unjust, unconstitutional, and unethical. His biting words make it clear that the news hit a nerve. This response probably stems from the fact that the FDA intercepted protected correspondence to and from his Congressional office.

FDA managers were looking for dirty laundry on the whistleblowers, but Grassley seems to think it’s the managers that need to clean up their act.

Senator Grassley’s letter concludes by demanding prompt answers to ten questions that every public servant – indeed, every citizen – should be asking about what happened at the FDA. Read them over and leave a comment below with your thoughts on his reaction to this week’s big whistleblower headline.

  1. Who authorized the monitoring of all of the whistleblowers’ email accounts for communications with Congress?
  2. Are any of the original nine FDA physicians and scientists that wrote the letter to the Presidential Transition Team in 2009 still employed by the FDA? If not, please provide the circumstances surrounding each of their departures.
  3. Did the FDA monitor all employee email accounts, including personal accounts, or was the monitoring targeted only at the nine whistleblowers?
  4. Did FDA obtain the passwords to the employees’ personal email accounts, which would allow emails to be intercepted even when not sent or received from a government computer?
  5. Is FDA currently monitoring any employee email accounts? If so, please provide the circumstances surrounding the monitoring.
  6. What steps have you taken to reassure employees that they have a right to have direct communications with Congress?
  7. Does FDA have any procedures to ensure that Congressional correspondence remains confidential?
  8. Please produce copies of all emails that were intercepted to or from my office by FDA.
  9. To whom did the Agency give access to any email correspondence to or from Congress, and why?
  10. Please provide all records relating to communications between FDA and iCAD Inc. with respect to the release of confidential business information.

Let FDA Commissioner Hamburg know that you, too, are waiting for her responses by TAKING ACTION!