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Message to President Obama: Protect the Public! Nominate a New OSC!

On the eve of former Scott Bloch’s criminal sentencing hearing, Dave Nolan hoped to send a message to President Obama; the Office of Special Counsel needs change, too. Scott Bloch is scheduled to be sentenced today, July 20th, for withholding information from the House Oversight and Government Reform Committee about having files on his computer professionally deleted in 2006. Under the terms of Bloch’s plea, he could receive up to six months in prison and a $5,000 fine.

Photo: Dave Nolan and NWC Intern Kevin Heade

While Bloch’s tenure from 2004 to 2008 may represent a new low for the OSC, Nolan is intent on transforming the entire operation of the Office of Special Counsel. Comparing Bloch to his predecessors, Nolan said, "Special Counsel Bloch was only 'special' in that unlike his predecessors, Reagan appointee Alex Kozinski and Clinton appointee Elaine Kaplan, he was the only one accused of retaliating against his own agency employees for perceived sexual preference. Like the decisions of MSPB members such as Beth Slavet, rights for federal employees by OSC were never expanded."

Nolan is actively seeking a nomination as Special Counsel from President Obama. “After 31 years of the OSC not protecting federal employees, we need a new direction,” Nolan said today. “The law is on our side, but without an effective OSC, it doesn’t matter what the law says. It is like moving chairs on the Titanic; if you don’t have an organization that will investigate and prosecute cases, then the laws can’t help. With me at the helm, the OSC will set a level playing field,” explained Nolan.

 Bill Dougan, National President of the National Federation of Federal Employees (NFFE) supported Nolan. “Federal employees are reticent to blow the whistle. They fear retaliation from management. They can’t do it on their own, federal employees need a strong ally in the OSC,” Dougan said, adding, “Apathy over action, silence over speaking out is the norm as rank and file employees are effectively muzzled. We need to call on President Obama to fill the position with all due speed, and Dave Nolan is the best person for the job.”

Jim Faller of U.S. Justice Watch stressed that, “the OSC is the protector of the most important watchdogs, government employees.” Faller warned that for “President Obama’s enormous positive change to continue, we need to ensure government employees can come forward when something goes wrong. The OSC needs to be headed by a moral, competent, and experienced individual such as Dave Nolan.”

Statements from whistleblowers Joe Carson, Carol Czarkowski, and Gary Vander Boegh were also given in support of Dave Nolan’s nomination.

Dave Nolan’s immediate agenda items for OSC reform can be read here. You can take action and demand a new OSC by clicking here.
 

*This post drafted by NWC intern Kevin Heade

The Need for Whistleblowers in "Top Secret America"

This morning the Washington Post published the first of a three-part series on “Top Secret America.” The series is a culmination of a two-year investigation into America’s post 9/11 intelligence community. I, like most Americans, knew that the intelligence community was large, but I was still shocked to see the sheer numbers of agencies, employees, facilities, and money being spent. The article explains how this mammoth bureaucracy continues to grow even though most of its inefficiencies can be traced to being too large to manage – one agency does not know what other agencies are doing.

The most disturbing part is that there is little to no accountability for these agencies. One can argue that if it is human nature that if you think no one is watching you are going to take a cookie out of the jar, then pretty soon you are going to walk away with the whole jar and not even think twice about it. The employees who have the guts to stand up and object are quickly squashed with little to no recourse. The authors of the article even point out that most officials they spoke to requested anonymity because “they feared retaliation at work for describing their concerns.” These officials were not disclosing classified information, they were simply criticizing the management of their agencies.
(Cartoon Credit: 2002 Pittsburgh Post-Gazette)

The American people deserve to know that their money is being spent in a way that  will enhance national security and not trample on their civil liberties. As Glenn Greenwald accurately points out, there is a small group of individuals who are able to “shed a small amount of light on what actually takes place.” There is an even smaller group of employees who are willing to risk their careers to protect the American people. In order to create oversight and protections for national security employees, Congress must immediately pass the Whistleblower Protection Enhancement Act (H.R. 1507) and the President must sign it into law. H.R. 1507 would fully protect these employees so that they could safely raise issues without losing their jobs. There are procedures in place that would protect classified information from leaking out, but would allow employees to take their case to federal court for a fair trial. The Government Accountability Office has stated that it will not pose a risk to national security to give these employees court access.

The Senate has been pushing a bill (S. 372) that would grant some federal employees additional whistleblower rights, while stripping other employees, including FBI employees, of what little rights they have now. The bill creates a sham procedure where national security employees appear before a board of intelligence officials to prove that an intelligence agency has been retaliating against them. Any person with a bit of common sense will be able to predict what will happen to that employee. The outcome will not be pretty, especially when the agency is allowed to introduce secret evidence that the whistleblower is not allowed to see or counter.

To the disappointment of the whistleblower community, President Obama has run away from his campaign promise to protect whistleblowers and support H.R. 1507. It is up to the American people to demand what they were promised.  

Senate Whistleblower Hearing Thursday! Contact Congress Today!

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!

Vote for Whistleblower Protection on Change.org

As you know, the recent financial meltdown and the Madoff scandal have highlighted the importance of protecting whistleblowers.  Employees that have the courage to stand up for the protection of American taxpayers  should be treated with the respect they deserve.  As the new Administration and Congress prepare to revitalize the economy we must ensure that oversight and accountability are central part to any rescue plan.  You can sign our petition calling for stronger whistleblower protection here.

Another way to make change for whistleblowers a priority for the new Administration is to visit the change.org website and vote for "Protect government whistleblowers from reprisals" by midnight tomorrow, December 31st.

**You need to sign-up as a member to the site in order to vote.**

Ideas for Change in America is a project of Change.org, an online community and media network for social issues.  Ideas for Change in America is a non-profit citizen-driven project (not connected with the Obama Administration) that aims to identify and create momentum around the best ideas for how the Obama Administration and 111th Congress can turn the broad call for "change" across the country into specific policies.

The top 10 rated ideas will be presented to the Obama Administration on Inauguration Day, January 20, 2009 as the "Top 10 Ideas for America."   Change.org will then launch a national campaign behind each idea and mobilize the collective energy of the millions of members of Change.org, MySpace, and partner organizations to ensure that each winning idea gets the full consideration of the Obama Administration and Members of Congress.

The "Top 10 Ideas for America" will be determined through two rounds of voting. In the first round, ideas will compete against other ideas in the same issue category. The first round will end on December 31, 2008, and the top 3 rated ideas from each category will make it into the second round.