Attorneys Issue Response to Inspector General Report Confirming FBI Search Violations

Posted on January 20, 2010 by Lindsey Williams
Key FBI Whistleblower Urges Strong Corrective Action

UPDATE: National Whistleblowers Center issues "Key Findings" from Inspector General Report
 
Washington, D.C.  January 20, 2010. Today at 10 a.m. the Department of Justice Office of the Inspector General released a report that confirms the allegations regarding an illegal FBI domestic surveillance program, which were reported on the front page of the Washington Post yesterday, January 19, 2010.

Attorneys for Bassem Youssef, the highly decorated Chief of the FBI's Communications Analysis Unit in the Counterterrorism Division, are requesting that Attorney General Eric Holder take strong corrective action to ensure that civil liberties are protected and that the FBI properly conduct counterterrorism investigations.  According to a letter sent today by Mr. Stephen Kohn, the Executive Director of the National Whistleblower Center and one of Mr. Youssef's attorneys:

 

"The Exigent Letter policies flooded the FBI with records on Americans who had no relationship whatsoever to terrorist activities. In part these violations stemmed from a deeper problem - the Bureau's inability to fully understand the nature and tactics of Middle Eastern religious-based extremists.  The FBI is thus unable to correctly access threats.  That is, it cannot focus on legitimate threats and quickly dismiss false ones."

"These deficiencies constitute a grave threat to our nation's security.  If the FBI and other intelligence agencies are not able to conduct accurate and timely threat assessments, mistakes such as the recent Christmas Airline Bombing incident and the shootings at Fort Hood, Texas will continue.  Our nation will remain vulnerable to legitimate terrorist threats that will not be detected in time."

The letter also details Mr. Youssef's invaluable contribution of reducing the number of exigent letters issued by 95.29% (pages 3-5), rebuts some of the OIG findings (page 12) and suggests solutions for properly managing counterterrorism programs (page 10).  

Lindsey M. Williams, Director of Advocacy at the National Whistleblowers Center, said, "Congress should get to the bottom of this by calling Mr. Youssef to testify, so that he can explain the full story behind the exigent letters, and how the FBI's practices have undermined properly targeted terrorism investigations. "

"Mr. Youssef's invaluable contributions have once again shown why Congress needs to pass H.R. 1507 to protect all national security whistleblowers," Ms. Williams added.

The National Whistleblowers Center is asking people to TAKE ACTION by sending letters showing their support for H.R. 1507 and Mr. Youssef to their Congressional representatives.

Links:

 
Tags: , , , , , ,

FBI Whistleblower Instrumental in Exposing Constitutional Violations

Posted on January 19, 2010 by Lindsey Williams

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.”

The FBI acknowledged that many of the phone records obtained belong to individuals with no connection to terrorism. This over-collection of data and abuse of search tactics actually detracts from our national security by obstructing properly targeted terrorism investigations. 

Bassem Youssef, the highly decorated Chief of the FBI’s Communications Analysis Unit in the Counterterrorism Division, was instrumental in exposing the illegal program and forcing FBI management to take corrective action, according to the article. Mr. Youssef’s vital contributions, made in the face of a systemic violation of civil liberties, highlight the need for strong protections for national security whistleblowers. Passage of strong whistleblower legislation (H.R. 1507) is absolutely essential to protect intelligence agency whistleblowers like Mr. Youssef.

The National Whistleblowers Center is urging people to TAKE ACTION by sending letters to their representatives in Congress that express support for Mr. Youssef and H.R. 1507.


*Meryl Grenadier (NWC fellow) contributed to this posting.
Tags: , , , , , ,

Sen. Grassley grills FBI Director Mueller on proposed repeal of FBI whistleblower protections

Posted on September 18, 2009 by Richard Renner

Last Wednesday, Robert Mueller, Director of the Federal Bureau of Investigations, appeared before the Senate Judiciary Committee for an oversight hearing.  Sen. Charles Grassley (R-Iowa) used the opportunity to question Dir. Mueller about how the administration's proposed whistleblower bill (S. 372) came to propose the repeal of the protection for FBI employees (5 USC 2303).  Dir. Mueller testified that he did not recall what that section of law said off hand, but promised to get back to Sen. Grassley about that. The Director also promised to check whether any FBI employees were involved in making the proposal to repeal 5 USC 2303.  You can read about the exchange in The Washington Times. The National Whistleblower Center (NWC) has now posted a transcript of the Senate Judiciary Committee Oversight Hearing, and of Sen. Grassley's press conference where he says he will place a hold on all Justice Department nominations until his questions are answered.

Tags: , , , , ,

FBI Whistleblower Issues Call To Action On September 11th Anniversary

Posted on September 11, 2009 by Lindsey Williams

Bookmark and Share


On the 8th anniversary of the terrorist attacks on the World Trade Center and the Pentagon, FBI whistleblower Coleen Rowley has issued a call to action for the White House and Congress to pass effective legislation protecting national security whistleblowers.  Ms. Rowley is urging all Americans to put pressure on their Senators and Congressmen to immediately enact whistleblower protections for national security employees, whose whistleblowing actions are often vital to the safety and security of our citizens.

Ms. Rowley, a former FBI agent, blew the whistle on the government’s failure to approve a search warrant for one of the al Qaeda operatives who was attending flight school shortly before the attacks. Although she was named a “Person of the Year” in 2002 by Time Magazine, Ms. Rowley knows very well the dangers national security employees face once they blow the whistle: “I know of so many other national security whistleblowers that lost their jobs and livelihood simply by doing the right thing. Hundreds of national security whistleblowers have been drummed out of their jobs or had their careers destroyed.”

Ms. Rowley knows there is hope, however, and has issued this action alert to help get national security whistleblowers the legal protection they desperately need.

“We must make sure that the President and every member of the House and Senate hear our voice and know we need strong whistleblower protections for national security employees that include the right of court access and trial by jury for national security whistleblowers”

Ms. Rowley's letter urges support for the Van Hollen-Platts Whistleblower Protection Enhancement Act (H.R. 1507), which provides protections for national security whistleblowers, including due process rights and access to the federal courts.  The Senate bill does not include these rights.  It is expected that Congress will take action on federal employee whistleblower rights this month.

 

*Erin Jensen (a NWC intern) contributed to this posting.
Tags: , , , , , ,

It's Time To Tap President Obama On The Shoulder

Posted on September 8, 2009 by David Colapinto

Bookmark and Share


At a Labor Day rally held yesterday in Cincinnati, Ohio, President Barack Obama told the story about his visit to Greenwood, South Carolina in the presidential primary campaign. Not realizing the remote location of Greenwood, President Obama agreed to visit that small southern town in exchange for the primary endorsement of a South Carolina state legislator.

Having forgotten about his promise, on his next trip to South Carolina Mr. Obama was tapped on the shoulder by a campaign staffer who informed the Senator that he needed to wake up early the next morning.  

Mr. Obama asked why?  “Because you need to be in the car at 6:30am so we can go to Greenwood like you promised,” the staffer replied.

Upon arriving at Greenwood, the future president was disappointed by the size of the small crowd of about 20 people, but that small crowd proved to be a turning point in his campaign when Mr. Obama was greeted by a Greenwood city council member, who started chanting, “Fired, Up? Ready to Go!”   
By keeping a promise, Mr. Obama by happenstance found his voice in the primaries and his campaign was re-energized all the way to the White House after adopting that chant.

It is now time for Mr. Obama to keep another promise he made during the campaign. 

In May of 2007, Mr. Obama’s presidential campaign promised America's whistleblowers in writing that he stood behind their need for legal protection and fully supported federal court access and jury trials for all federal employees.

The House of Representatives enacted these protections when it overwhelmingly passed H.R. 985 in a veto-proof, bipartisan manner, and again when it added these provisions to the stimulus bill.  However, both times the Senate failed to pass or agree to the strong protections twice enacted by the House.  

This year, in another bipartisan effort, Representatives Van Hollen (D-MD), Waxman (D-CA), Towns (D-NY), Braley (D-IA), and Platts (R-PA) have reintroduced this bill as H.R.1507.

While the House version of the bill is more inclusive, the Senate version, S. 372, lacks many key protections. The Senate bill currently lacks coverage for the hundreds of thousands of federal employees who participate in the global war on terror and oversee a budget well over $150 billion.

One reason typically cited for denying court access for all federal employees is the claim that it could create a national security risk. However, this is not true. In an objective and independent review, the General Accounting Office (GAO) saw "no justification for treating employees at [intelligence] agencies differently from employees at other federal agencies except in rare national security cases." There is nothing in H.R. 1507 that would permit a whistleblower to reveal national security secrets to the media or the courts, yet misinformation about extending full due process protections to national security whistleblowers is still pervasive today.  The GAO’s findings demonstrate these claims of risks to national security are a myth.

Recent revelations in the news media of numerous scandals involving the intelligence agencies (such as CIA assassinations, detainee abuse and torture and illegal wiretapping) once again show that the need to provide strong protections to all federal employees who blow the whistle has never been greater.  Had the real whistleblower protections contained in H.R. 1507 been in place it is unlikely that information about illegal wiretapping and assassinations would have been withheld from Congress.  However, by enforcing the code of silence upon FBI and intelligence employees and by failing to provide for strong anti-retaliation provisions for national security whistleblowers, the timely reporting of illegal conduct to appropriate law enforcement authorities and to Congress was prevented and the wrongdoing continued.

It is time for Congress to enact a true whistleblower protection act for national security and FBI employees that provides for court access and jury trials, as does H.R. 1507, so that FBI and intelligence agency employees do not have to choose between keeping silent and risking their livelihoods when they witness illegal conduct committed by their agencies.

The Senate bill also contains weaker provisions and fails to effectively extend court access and jury trials to protect federal employees who work outside the area of national security or intelligence.  

For example, Bunnatine Greenhouse, who was the highest ranking civilian contracting officer in the Army Corps of Engineers when she blew the whistle on Iraq contracting misconduct, has noted that she would not be entitled to a jury trial in federal court under the Senate bill.  Read Bunny Greenhouse's Letter.

In these times of record government spending, all federal employees, including those who work at the FBI and the intelligence agencies, need to be protected by a strong whistleblower law that includes the right to court access and jury trials.  Study after study has shown that strong protections from retaliation are what encourage employees to report fraud and other misconduct.

Who is going to tap President Obama on the shoulder again and remind him that he needs to keep his promise to America’s whistleblowers too?
 
Tags: , , , , , , , , , ,

Still Not Listening to National Security Whistleblowers

Posted on August 31, 2009 by Lindsey Williams

Bookmark and Share

 
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.

Tags: , , , ,

Sibel Edmonds' Deposition Saturday

Posted on August 6, 2009 by Lindsey Williams

Bookmark and Share

On Tuesday the National Whistleblowers Center (NWC) released a statement inviting the press to the deposition of Ms. Sibel Edmonds.  The Ohio Elections Commission then made it clear that the deposition must be closed to the press. However, the proceedings will eventually be available on video. In addition, Ms. Edmonds and her attorneys will be available outside of the NWC for comment before and after the deposition. The NWC is located at 3238 P St. NW, Washington, DC 20007.
We apologize for any inconvenience.

Tags: , , , ,

FBI shows off its diversity -- and its retaliation

Posted on March 27, 2009 by Richard Renner

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.Bassem Youssef  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.  

Tags: , , , , ,

16 Years After the Whitehurst Revelations, Forensic Science Still Tainted

Posted on March 2, 2009 by Marshall Chriswell

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

 

Tags: , , , , ,

Washington Independent Highlights Urgent Need For Whistleblower Protection

Posted on February 3, 2009 by Lindsey Williams

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

Tags: , , , , , , , , , , , ,

fbi Archives