Blowing the Whistle on Corruption

Posted on August 12, 2010 by Lindsey Williams

FBI whistleblower Jane Turner appeared on Fox Business last night to speak about her experience as a whistleblower. After twenty years as a FBI Special Agent, Jane Turner led efforts to force the FBI to provide protection for child sex crime victims on the North Dakota Indian Reservations.  In retaliation for exposing FBI failures within its child crime program, Turner was removed from her position.  Her whistleblower case is still pending. Turner also learned that FBI agents had stolen “souvenirs” from the 9/11 terrorist attack crime scene.  She was fired after reporting the thefts to the Inspector General  A federal jury vindicated her in a historic 2007 verdict in her Title VII discrimination case.

Ms. Turner explained that you have to be blowing the whistle for the right reasons because it places tremendous stress on you and your family. She recommended finding an attorney who specializes in whistleblower law.  If you are considering blowing the whistle on corruption and would like to consult an attorney the National Whistleblower Center Legal Defense and Education Fund may be able to help you.

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The Need for Whistleblowers in "Top Secret America"

Posted on July 19, 2010 by Lindsey Williams

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.  
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Fred Whitehurst speaks on BP, the FBI and the state of our union

Posted on July 2, 2010 by Richard Renner

I find it amazing when I look over these past seventeen years of having been involved with the National  Whistleblowers Center and the law firm of Kohn, Kohn and Colapinto that we have not moved so much further ahead in this nation with protections for whistleblowers.  In 1992 when I Fred Whitehurstfirst approached the law firm of Kohn, Kohn, and Colapinto to represent me in my attempts to address the problems at the FBI crime lab, we were a nation in denial.  Whistleblowers had a history of being dealt with brutally.  And today the same brutality is evident in every whistleblower case the law firm and the NWC handles.  Today I look at the BP disaster in the Gulf of Mexico as countless lives and resources are destroyed and know that somewhere in that group of people who brought this disaster on our nation, there were potential whistleblowers who said to themselves that the risks of blowing the whistle on BP malpractices were just not worth the dangers to themselves and their families.  After all, this nation cares little for the rights and protections of individuals who would proactively stop such disasters.  This lack of concern is reflected in the actions of our Congressmen and Senators, some of whom have labored hard and diligently to establish whistleblower protections while most ignore obvious safeguards for our nation, our citizens and our natural resources.  If we do not wake up in the face of this, the worst environmental disaster in history created by lax standards by the British Petroleum Corporation, then we deserve what we get. 
 
In our recent attempts to strengthen whistleblower protections we have even faced almost insurmountable barriers to whistleblower protections from President Obama's staff, in fact efforts to thoroughly gut whistleblower protections by that very staff.  Present Barack Obama cannot be so blind as to believe that gutting whistleblower protections will do anything but lead to repeats in other forms of the BP environmental disaster we see going on now.  And yet, as a nation, we maintain a society where individuals who would expose serious dangers to this nation are treated as criminals. 
 
These many years later, I remain confused and saddened by this state of affairs, by the mistreatment of whistleblowers and the lack of protections for those individuals who would put the safety of this nation above the safety of themselves and their own families. In days gone by, these patriots would have been treated as heroes. Today, they are simply martyrs to lost causes. This is a shame on our nation, on our President and on our Congress.
 
Fred Whitehurst

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Rhode Island council member blew whistle on bribery scheme

Posted on May 10, 2010 by Richard Renner

WPRI is reporting on its web page that a recent federal indictment of three members of the North Providence town council arose from another council member blowing the whistle on them. Last Thursday, Town Council President Joseph Burchfield, Councilman Raymond Douglas and Councilman John Zambarano posted bond after declining to enter pleas in the extortion and bribery charges against them. WPRI has posted a copy of an affidavit by FBI Special Agent James D. Pitcavage which details how another member of the town council cooperated with the FBI to obtain recordings of the scheme in action.

WPRI also interviewed Robert Wegand, a former Rhode Island Lieutenant Governor. His cooperation with the FBI led to a prison term for former Pawtucket Mayor Brian Sarault. Weygand told WPRI, "The lion's share of the majority of the people say 'thank you, great job, we're really proud of you'. But, in politics particularly, there is an undercurrent, that you can see it in people's eyes. You can see it when you shake their hand, that it's not really very sincere. And you can see it in different things that occur. So, there's always that undercurrent that 'he was that snitch, he did another democrat in, that type of thing." In reflecting what is in store for the new whistleblower, Weygand explains, "There will be a very subtle alienation of him by other political people. They can't trust him. There are other people that will make him the hero, and talk about what a great job he did, and they will applaud him, rightfully so. But, there will always be, I think, as there's been with me and all the other whistle blowers that I talk to, there is that undercurrent from people who still don't believe that you were honest."

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Stephen M. Kohn breaks down S. 372 on Boiling Frogs Post

Posted on March 26, 2010 by Lindsey Williams

Last week, Stephen M. Kohn was invited by Sibel Edmonds’ Boiling Frogs Post to debate Norman L. Eisen, Special Counsel to the President for Ethics and Government Reform on the controversial “Whistleblower Protection Enhancement Act” (S. 372). In Mr. Eisen’s absence (he declined the invitation to participate), Stephen M. Kohn appeared on Boiling Frogs with Sibel Edmonds and independent moderator Peter B. Collins to discuss his opposition to provisions in the bill that roll back existing whistleblower protections for FBI agents. Follow this link to join Steve Kohn on opposing the poison pills in S. 372. Now, Thom Hartmann has posted a blog entry about Sibel Edmonds' interview of Steve.

Mr. Kohn discusses in detail the “poison pills” that exist in the current version of S. 372, and how these provisions will discourage national security employees from coming forward and how hurdles included in the bill make it virtually impossible to obtain a finding in their favor. He also pointed out that individual Americans, who contacted their Senators individually out of concern for our nations security, have created much of the public focus on this bill.

Visit Boiling Frogs Post to hear the entire podcast.

*Meryl Grenadier (NWC fellow) contributed to this post.

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Fred Whitehurst converses on his legacy at the FBI lab

Posted on March 25, 2010 by Richard Renner

Fred Whitehurst is the whistleblower who revealed that the crime lab at the Federal Bureau of Investigation (FBI) failed to live up to its reputation for scientific integrity, and sometimes even resorted to falsifying results. Today Jeff Stein of the Washington Post's Spy Talk blog calls Whitehurst a "hero" and chats with him about his legacy.

Earlier this month, the Post's Keith Alexander wrote about a report of the U.S. Attorney in the District of Columbia finding over 100 cases that were tainted by FBI crime lab results that must be reviewed. That report is in response to the exoneration of Donald Gates who spent 28 years in prison for a rape and murder he did not commit.

Stein elicited from Whitehurst how he continues to review FBI records released under the Freedom of Information Act (FOIA) to find people who might still be suffering from unreliable crime lab results. Stein does not cover Whitehurst's recent activism to get the U.S. Senate to improve the federal Whistleblower Protection Act. Whitehurst has called on Senators to fix the poison pills in the Senate's current version of S. 372, the supposed Whistleblower Proection Enhancement Act (WPEA). One of those "enhancements" is to repeal the special law that protects whistleblowers at the FBI. Whitehurst has written an open letter to Senators calling on them to fix all the poison pills before they pass S. 372. Follow this link to join him in that call.

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Blowing the Whistle on FBI Crime Lab Abuses

Posted on March 15, 2010 by David Colapinto

Another Reason FBI Whistleblower Protections Should Not Be Weakened
 

The Washington Post and Associated Press are reporting that the Department of Justice failed to properly review more than 100 criminal cases that were prosecuted in the District of Columbia and which were suspected of being tainted by false forensic evidence from the FBI crime lab. These cases were ordered reviewed because in 1997 the DOJ Inspector General verified whistleblower allegations by Dr. Frederic Whitehurst about serious misconduct at the FBI lab.

Photo: Dr. Whitehurst

In December 2009, Donald Gates, an innocent man, who spent 28 years in jail after being convicted for crimes he did not commit, was set free by D.C. Superior Court after DNA testing confirmed that forensic testimony presented in court by FBI analyst Michael Malone was false. On the basis of Malone’s fabricated tests and false testimony Gates was wrongfully convicted of rape and murder.

Gates’ case was on a list of cases ordered to be reviewed following the DOJ IG’s report verifying Whitehurst’s whistleblower allegations. Notably, Whitehurst specifically blew the whistle on Michael Malone, who the IG confirmed deliberately lied and falsified evidence in the judicial inquiry brought against Alcee Hastings (then a sitting federal judge and now a member of Congress). As a result of verifying that Malone lied in the Hastings case, the DOJ decided to conduct a review of all of Malone’s cases.

However, Gates’ case was not properly reviewed by DOJ and he continued to sit in jail until December 2009 when new DNA testing confirmed that he could not have committed the crime for which he had been convicted.

This is another reason why FBI whistleblower protections should not be weakened as proposed by the Senate in S. 372 and reported last week in Politico.

But for Whitehurst blowing the whistle on Malone, the FBI lab analyst who lied in this case, Gates’ case never would have been reviewed and he likely would still be in jail. When efforts were made by Gates’ attorneys in 2008 to seek new DNA testing they were able to persuade the judge to order that test because the IG had verified Whitehurst’s allegations against Malone in the 1997 IG report. Had Whitehurst not come forward nobody would ever have looked at Gates’ case or anyone else’s case handled by the FBI crime lab. Gates would still be sitting in jail even though he is an innocent man.

By weakening FBI whistleblower protections to permit the FBI to investigate and adjudicate whistleblower retaliation claims by its own employees and agents, the Senate is ensuring that nobody will blow the whistle on misconduct at the FBI. If you want to know the consequences of that, go ask Donald Gates.

Please TAKE ACTION and tell the Senate to fix the repeal of existing FBI whistleblower protections.
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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.

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FBI Whistleblower Issues Call To Action On September 11th Anniversary

Posted on September 11, 2009 by Lindsey Williams

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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.
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It's Time To Tap President Obama On The Shoulder

Posted on September 8, 2009 by David Colapinto

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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?
 
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