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The FBI is Waiting for Special Agent Theresa Foley to Die

The story of FBI whistleblower Theresa Foley is distasteful and sordid - one too often told when speaking of FBI whistleblowers. 

Theresa Foley is no shrinking violet. She came from a law enforcement family and was a DEA support employee before joining the FBI in 2000. In 2003, Theresa volunteered for Guantanamo Bay Naval Base (aka GTMO), Cuba, which contained a military prison where FBI agents participated in the interrogations of detainees from the wars in Afghanistan and Iraq. 

Theresa was the only full-time female FBI agent. After arriving at GTMO, she was given a rat-infested dwelling, while male agents had cleaner and better housing (many at Navy lodges or base houses). Theresa’s dwelling had previously been a party “hooch,” and food, dirty dishes, and soiled furnishings were everywhere.  There was an overwhelming stench, and rat feces and urine were visible throughout the rooms. The first night Theresa spent at the dwelling was a long one, and she slept poorly. She kept hearing rats running in the ceiling and in the walls and the mattress was full of fleas. Each time she finally fell asleep, she was re-awoken by another rat or fleabite.


For the next several days, Theresa asked for different housing but was told there was no other space.  Like other FBI whistleblowers, Theresa is dedicated, honest, hardworking, articulate, and extremely proud of her role as an FBI agent, believing that her role at the Bureau was a career, not just a job. She continued working hard. 

Personnel came in to set rattraps and ended carrying out bags full of carcasses. A month later, Theresa was finally moved to other housing. She had begun to notice that FBI agents were behaving in a college fraternity house manner. There was no real oversight, and beach parties were common, with personnel coupling up, and a pervasive party atmosphere with heavy drinking. Similar to what happened with the recent Secret Service scandal. When Theresa did not join in, was subjected to crude and misogynistic comments. 

Theresa began swelling from the bites she had received, her lungs were congested, and she was fatigued. As an athlete, she knew something was wrong with her body, but she could not get any assistance from the FBI at GTMO. Theresa flew to Florida on her own dollar to seek medical advice. 

After returning from Florida, her health continued to deteriorate. Theresa flew home to Boston in early 2004, where doctors at Beth Israel Hospital diagnosed her with Leptospirosis, a debilitating tropical disease, usually caused by exposure to rat urine or feces. She returned to duty shortly afterwards with chronic fatigue and a simmering infection from the bacteria caused by the disease. She again found herself ridiculed and harassed for not joining in the “FBI family” fun at GTMO.  This included drinking, dressing up in detainee prison suits or Arab attire at parties, sexual misconduct, 
and unprofessional behavior. 

The sexual slurs continued, until one day an FBI Firearms Instructor (knowing she had a tropical disease with physical limitations and was a whistleblower) advised her that unless she knelt during firearms, she would be subjected to a Fitness for Duty exam and lose her career.  Always the good agent, Theresa knelt, rupturing the muscles in her leg, releasing bacteria throughout her body.  Her immune system collapsed, and Theresa went home to Boston in July 2004. She has been there ever since, bedridden, living with her father and mother. 

Theresa Foley is an FBI whistleblower. She blew the whistle on the unprofessional misconduct of fellow FBI agents. The outcome of blowing the whistle in the FBI is usually retaliation, dismissal, and a cover-up.  Standard FBI procedure includes perjury, “missing” documents, altered reports, and punishment against the whistleblower. This occurred is Theresa’s case. 

Bedridden since 2004, Theresa has undergone eight surgeries, numerous hospital stays, two spinal fusions, and a hysterectomy, all directly traced to the tropical disease she caught at GTMO. She has no hope of children, and her glorious career is lost forever.  Her life is an unending cycle of pain.  She is totally disabled. Her days consist of trying to get the medicine and medical procedures that she desperately needs.  Her medical claims have to be processed through the FBI, and they appear to be intentionally slowing or stopping medical assistance. 

Although the FBI proclaims itself as a “family,” this does not extend to whistleblowers. Whistleblowers are routinely retaliated against and driven from the Bureau. FBI Director Robert Mueller is well known for glad-handing politicians and talking about his support for whistleblowers, but his honesty has come into question, as his actions over the last eleven years have spoken far louder than his empty words. Director Mueller and his legal counsel tie up whistleblower cases for years, making it prohibitively expensive and emotionally draining. They have unlimited amounts of taxpayer money to accomplish their goal, and they spare no expense in using the legal system to further retaliate. 

Theresa has waited for justice since 2004, and in the last eight years not a single FBI “family” employee has come to see her. She has never received a note, a call, a visit, or any other semblance of civility from the FBI.  She has been riddled with infection, and her body is slowly failing her because of a tropical disease that she caught while employed as a Special Agent. 

Theresa’s father, a man who was proud of his daughter when she graduated from the FBI Academy, felt many emotions as he watched his daughter slowly waste away – emotions that ran the gamut from fear to anger. He could never understand how the FBI and Director Mueller could treat his daughter so brutally and punitively. Could others not see that his daughter had served the FBI with fidelity, bravery, and integrity? He remarked that the FBI was just waiting for his daughter to die, and that her departure would end the problem she presented as a whistleblower. 

Theresa Foley has hung onto life, waiting for her opportunity in court. She swears she will see that day and will not leave this earth until she finds justice. Death, however, found her father, and he departed this earth last week still heartbroken over the treatment his daughter received. No FBI employee came to his wake or the funeral. His daughter received no cards, no flowers, and no calls, even though she is still attached to the Boston FBI office. 

The same time Theresa’s father died, the FBI filed a motion in Washington D.C. asking for summary judgment and dismissal of Theresa Foley’s case. Her case has recently been moved from Boston to Washington D.C. at the behest of the FBI, knowing that travel for Theresa would worsen her already critical condition. One more impediment to throw down, one more injustice, one more voice silenced, as the FBI waits for Theresa Foley to die.

ATF's Orwellian Warning to Whistleblowers

"There Will Be Consequences" (Uh Oh, Did I Say That Out Loud?)


By Guest Columnist: Donna Boehme

Principal at Compliance Strategists LLC and editor of the weekly CS Newsflash (and former chief compliance and ethics officer at two leading multinationals)

In Washington, there’s an old cliché: The definition of a gaffe is when a politician accidentally tells the truth. So this recent internal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) video gone viral, one of several internal “changecasts” from Acting ATF director B. Todd Jones, has got to qualify him for induction into the Gaffe Hall of Fame. In it, he ominously warns ATF employees that those who go outside the “chain of command” to report concerns – such as to Congress, outside inspector generals or the Office of Special Counsel -- will suffer “consequences”:

Choices and consequences means simply that if you make poor choices, that if you don’t abide by the rules, that if you don’t respect the chain of command, if you don’t find the appropriate way to raise your concerns to your leadership, there will be consequences because we cannot tolerate, we cannot tolerate an undisciplined organization.
See full transcript at the Washington Guardian.

A veteran ATF agent who spoke on condition of anonymity for fear of reprisal (hmmmm.........) confirmed that he and his colleagues interpreted the message to mean they would be punished, with vigour, for going outside the ATF agency chain of command to report concerns. Whistleblower advocates immediately decried the video as “chilling” “Orwellian” and “intimidating.” Because that’s the very function of those outside resources, so that employees who do not feel safe raising concerns internally (and after this video, that number just rose to 100%) without fear of retaliation. Given ATF’s important mission, as with any national security watchdog, this is squarely in the public interest.

You would think that in the aftermath of the seriously botched ATF Fast and Furious gun-walking operation (where, inexplicably, two whistleblowers who testified to Congress have been placed under the supervision of the same manager who has vowed to retaliate against them - infamously remarking "ATF needs to f**k these guys."), the embattled agency would be trying to turn over a new leaf. But change is hard.

Just as damning is the agency’s idea of damage control. The explanation: Director Jones was simply trying to address complaints from ATF employees wondering why agents who previously went outside the chain of command hadn’t been punished. That tells you all you need to know about the current ATF culture and to a great extent, prevailing culture within many government agencies (I’m looking at you, FDA) [1] – an uncontrollable urge to squash like a bug anyone with the temerity to tell the truth about bad acts, whether internal or external. A quick review of the treatment of whistleblowers in government agencies with embedded “command and control” tells a familiar story: TSA, FAA, CIA, FBI- all have a long unsettling history of whistleblower retaliation.

The nonprofit Rutgers Center for Government Compliance and Ethics believes that this troubling pattern is further evidence that government agencies should take a page from the private sector by moving beyond the policing function of the inspector general, and establish proactive compliance and ethics programs that would hold government officials and employees to the same standards expected from those companies that they regulate and oversee. So far, only the FBI has gone down this road, and even though it has further work to do, it is to be commended for doing so.[2]

In the meantime we are left with this revealing “accidental” moment of truth about ATF culture that should be of enormous concern to a citizenry relying on this troubled agency to discharge a critical security role in a dangerous and uncertain time for our nation.


[1] Currently in the news: a wide-ranging surveillance program by the Federal Drug Administration against a group of scientists who raised concerns about the safety of medical imaging devices. http://www.nytimes.com/2012/07/17/us/politics/inquiry-sought-of-extensive-fda-surveillance.html

[2] November 2011 Report of the Department of Justice Inspector General on the FBI compliance and ethics program http://www.justice.gov/oig/reports/2011/e1201.pdf

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, Lindsey Williams interviews attorney David White and his whistleblower client, Beverly Landis. Ms. Landis, a former Hospice Care of Kansas nurse, blew the whistle on Hospice Care and its parent company Voyager Hospice Care for defrauding the government by submitting false claims to Medicare for ineligible hospice services.

In the second half hour, Lindsey Williams interviews Richard Renner about the decision last week in favor of FBI whistleblower Bassem Youssef.  The DC Circuit Court of Appeals reinstated Youssef's claims that he faced discrimination after the 9/11 terrorist attacks. Now the FBI will have to answer why it stunted the career of this decorated agent.

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.

Twenty Years Later, DOJ Finally Admits Mistakes

Readers of The Washington Post found out this morning that the FBI and DOJ are launching the largest post-conviction case review in American history.

Readers of the Whistleblower Protection Blog know that this review should have begun twenty years ago when Dr. Frederic Whitehurst first exposed problems in the FBI crime lab.

This year, Dr. Whitehurst’s allegations have come back to haunt the DOJ in a big way. In my April blog post, I expanded on The Washington Post’s breaking story of how the DOJ withheld information for years about thousands of cases tainted by bad forensics.

Dr. Whitehurst has pointed out the possibility that innocent people have been wrongfully locked up, put on death row, or even executed. While the DOJ has promised justice for these victims before, it has kept the results of all investigations a secret and only went so far as to notify a tiny fraction of potential victims that their cases may have been affected.

The good news is that the DOJ has essentially admitted that its investigations thus far were botched, and it will now be involving outside groups like the Innocence Project in another investigation of Dr. Whitehurst’s allegations.

What will be uncovered this time around? Watch this space to find out.

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, Jane Turner interviews whistleblower Julia Davis. Ms. Davis was a Customs and Border Protection Officer who was retaliated against for exposing serious shortcomings in the processing of aliens from countries known to harbor terrorists. Jane and Ms. Davis discuss her whistleblower experience portrayed in the recently released documentary “Top Priority: The Terror Within.”

In the second half hour, co-host Lindsey Williams will interview Mike Kohn, one of the lead attorneys for whistleblower Dr. Kenneth Jones. Kohn will discuss Dr. Jones' recent court victory against Harvard Teaching Hospital. The victory clears the way for Dr. Jones to put Harvard Teaching Hospital on trial for research fraud in one of the largest NIH grants for Alzheimer's research. Tune in to learn about how the False Claims Act protects tax dollars invested in scientific research.

 
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.

One Case Overturned. How Many More to Come?

Dr. Frederic Whitehurst took on the FBI because he knew that defendants had been wrongly convicted on the basis of seriously flawed testimony by the FBI crime lab. On Wednesday, the Washington Post reported that the D.C. Superior Court overturned the conviction of a man who wrongly served 28 years in prison for killing a taxi driver. It is amazing to see the positive result of Dr. Whitehurst’s hard work. One person really can make a difference.

Sadly, Mr. Tribble was not the only victim of the misconduct by the FBI crime lab. After Dr. Whitehurst's original whistleblower disclosures, the Justice Department formed a Task Force to review thousands of cases impacted by his allegations and to determine if any individuals were wrongly convicted. Although the Justice Department and FBI pledged to correct their mistakes, documents obtained by the NWC through the Freedom of Information Act (FOIA) show they failed.

Last month, the Washington Post published a series of articles about the failures in the Task Force’s “investigation,” including that they never issued a final report and did not inform defendants about the misconduct in their cases. Once again, this only came to light because Dr. Whitehurst followed through on his personal vow to find out who was harmed. He was the one who lead the NWC Forensic Justice Project’s FOIA fight to release the documents about the Task Force.

The Task Force was supposed to be the solution, but it clearly wasn’t. The fact that a court overturned Mr. Tribble’s conviction just weeks after the Washington Post’s expose is further proof that only when we embrace the truth and admit mistakes can we find justice.

At Wednesday’s Judiciary Committee hearing, Senators Grassley and Leahy questioned FBI Director Mueller about the Task Force failures. There are many defendants who were harmed by the FBI’s misconduct. The question, thanks to Dr. Whitehurst, is how many cases like Mr. Tribble’s will now be corrected.

Hopefully, all of this public attention will force the FBI to clean up its act. The FBI’s standard operating procedure is to protect the bureau at all costs. They hide information that embarrasses the FBI, and they fight to the end when employees dare to question the FBI. Just ask Jane Turner and Robert Kobus. Their cases have been pending in the FBI whistleblower process for 10 and 4 years, respectively. Senator Grassley demanded answers from the FBI about why their cases are taking so long to resolve, but he has been stonewalled. As so aptly said by Senator Grassley, “At some point, the FBI needs to own up to the retaliation and end these cases. That is something within the Director's power something he could and should do immediately.”

The question we may never get the answer to is why the FBI spends its resources to hide its mistakes, rather than to fix them.

Dr. Frederic Whitehurst and the Failed FBI Crime Lab

Washington Post readers found out this morning that the Justice Department has been withholding information for years about hundreds or even thousands of cases that were tainted by faulty forensic work in the FBI Crime Lab. The front-page feature was based in large part on the work of Dr. Frederic Whitehurst, an NWC Board Member who was one of the FBI’s top scientists during the period of misconduct.

For those of you just now learning about Dr. Whitehurst, I highly recommend the following clip from CBS News, recorded in 1998:

CBS News recorded this piece just after the Justice Department Inspector General validated Dr. Whitehurst’s concerns of Crime Lab misconduct. The Inspector General report could have settled the issue, but the problems that Dr. Whitehurst reported, starting with his first whistleblower disclosures over 20 years ago, unfolded into the deep, drawn-out tragedy described in today’s Washington Post.

Read the rest of this post for more details about Dr. Whitehurst’s story and to discover more media coverage from his decades-long attempt to protect American citizens from their government.

Dr. Whitehurst uncovered systemic problems in the FBI Crime Lab in the early 1990s. What he discovered is remarkable—and unsettling. In case after case, the lab’s analysis was not providing accurate results, and these results were used to tip the scales of justice. Nobody, except perhaps the Justice Department, knows how many people were sent to prison based on these mistakes. And the Justice Department has kept its lips sealed.

In theory, the Justice Department knows exactly who has been affected by the Crime Lab errors. In 1996 it formed a Task Force to investigate thousands of potentially-tainted cases, but it never revealed the results. Dr. Whitehurst continued to press the Justice Department to release the results of the Task Force review for years, and he finally succeeded in prying open their tight grasp only after filing a Freedom of Information Act (FOIA) lawsuit.

If the Primetime Live piece whetted your appetite for information about this scandal, there are many more articles and videos out there for you. To get started, check out the NWC's page with more news about Dr. Whitehurst and the New York Times archive of articles about him.

One New York Times piece from 1997 is worth a look. It is aptly titled, “F.B.I. Whistle-Blower Pledges To Correct Mistakes of Justice.” Here we are fifteen years later.

I’ll leave you with this powerful clip from Primetime Live, recorded in 1995. This is fourteen minutes well spent:

 

RTTV Covers FBI Censorship of Sibel Edmonds

NWC Executive Director Stephen Kohn appeared live on RTTV last night to discuss the treatment of national security whistleblowers under the Obama administration. Specifically, RTTV asked him about the FBI's attempts to censor Sibel Edmonds as she attempts to publish a book about her experience blowing the whistle at the Washington Field Office.

How does Obama's record on whistleblowers compare to that of the founding fathers? The answer might not be what you think. Here's the full interview:

FBI Attempts to Hold Sibel Edmonds' Book Hostage

For nearly a year, the FBI has attempted to prevent the publication of whistleblower Sibel Edmonds' new book, Classified Woman: The Sibel Edmonds Story.

On April 26, 2011, Ms. Edmonds followed official procedure and submitted her manuscript to the FBI for pre-publication clearance. Under the terms of her employment agreement and controlling regulations, the FBI was required to review and approve the submission within thirty (30) days. Instead of complying with the law, the FBI intentionally stalled the approval process for over 341 days and has still refused to "clear" the book for publication.

Ms. Edmonds will speak today for the first time about the FBI's attempts to suppress her book. The interview will be aired live at 1:30pm ET on Honesty Without Fear, and the podcast will also be available for download.

Today, the NWC is released documentation confirming that the FBI required employees, including Ms. Edmonds, to sign the illegal contracts that allowed the FBI to censor issues of "public policy" it found embarrassing. According to Ms. Edmonds attorney, Stephen M. Kohn, "the controlling law strictly limits government's ability to censor its employees. Agencies like the FBI may require pre-publication review of its employees' writings, but may only censor classified or secret information. The government may not censor books or other writings on 'policy' grounds. The FBI's employment contract with Ms. Edmonds is overreaching and illegal."  Additional documents demonstrate that the agency acted illegally to prevent Ms. Edmonds from publishing a manuscript that might embarrass the agency.

To read the rest of today's press release please click here.

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, Jane Turner interviews Rosemary Dew, a 13-year veteran FBI agent and author of "No Backup: My Life as a Female FBI Special Agent." Ms. Dew worked undercover against criminals, spies and terrorists, earning eight commendations. Despite her achievements, she was subjected to severe discrimination and sexual harassment. Ms. Dew and Jane explore how the climate at the FBI not only taints the experience of the FBI's few female agents, but also leads directly to some of the bureau's most harmful failures.

In the second segment, Lindsey Williams and Dr. Aaron Westrick discuss his experience blowing the whistle on defective bulletproof vests. As a research director for one of America’s largest body armor companies, Dr. Westrick was the first official to oppose the sale of Zylon bulletproof vests. Listen to his story of how industry put profits above the lives of law enforcement officers.

You can take action to protect whistleblowers by signing the petition.
 
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.