Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

July 28, 2009

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500


Dear President Obama:

On May 8, 2007, your presidential campaign promised America’s whistleblowers in writing that you 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. 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.

Now we need your help. 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. Please stand by your promise and ensure that all federal employees receive comprehensive whistleblower protections.

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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

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This week’s cover story in Newsweek focuses on Thomas M. Tamm, a former Justice Department lawyer in its Office of Intelligence Policy and Review.  Tamm blew the whistle on the National Security Agency's illegal wiretapping on U.S. citizens.  As his reward for heroically exposing this illegal program, Tamm could be charged with violating national security and intelligence laws and jailed for up to 10 years.

Tamm is currently under investigation by the FBI for reporting NSA's illegal actions to the New York Times.  Unfortunately, Tamm had no other option.  He was repeatedly silenced by his supervisors.  There was no place for him to report the criminal activities of the government's highest ranking employees, and there are no whistleblower protections for national security and intelligence employees who suffer retaliation.  

President-Elect Obama and Attorney General nominee Eric Holder will be forced to decide whether to prosecute Tamm.  Although both have publicly condemned the warantless wiretapping program as outside the bounds of the law, there has been a rise in the criminal prosecution of whistleblowers in recent years.  This disturbing trend includes the Justice Department's prosecution of Richard Convertino, who blew the whistle to Congress on the failure of the Bush administration to prosecute terrorists after 9/11.  

It is time to send a message to those who retaliate and threaten whistleblowers, and put an end to the government's use of "national security" as a justification to break the law.

If you would like to take action on this critical issue please click here.

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Senator Barack Obama won the presidential election this week running as the candidate for change. The change he promised included bringing transparency and accountability back into the federal government.

During the past year, we have watched President-Elect Obama use his persuasive oratory to change the American political landscape. His oratory included strong public commitments to ensure effective government oversight and whistleblower protection. Workers desperately need a strong national whistleblower protection act. The recent authorization of 700 billion dollars to bail out Wall Street made the need to protect whistleblowers even more urgent.

As President-Elect Obama prepares to announce his appointees, he has the chance to make immediate meaningful change a reality. There are many presidential appointments that have a direct impact on workers who blow the whistle on fraud and corruption. Such positions include key appointees within the Department of Justice who oversee billions of dollars worth of contractor fraud cases.

There are also relatively unknown positions that have tremendous impact on the lives and careers of thousands of whistleblowers. For example, the Department of Labor’s Administrative Review Board decides federal environmental, consumer safety and Sarbanes-Oxley Act whistleblower cases. Likewise, the Special Counsel has responsibility for protecting federal employees who expose waste fraud and corruption within the federal bureaucracy.

Both the Administrative Review Board and the Office of Special Counsel lost credibility and failed in their missions because of poor appointments by the previous administration. For example, mismanagement by the Bush-appointed Special Counsel Scott J. Bloch was so appalling that the FBI raided his home and office. Even President Bush was forced to fire him two weeks before the election.

To send an email to President-Elect Obama telling him to Take Action on whistleblower protection, CLICK HERE! 

The Office of Special Counsel is supposed to protect the public trust by shielding whistleblowers. President-Elect Obama must ensure that an experienced and competent advocate for whistleblowers is appointed as Special Counsel. He must force the Office of Special Counsel to fulfill its mandate to protect whistleblowers.

President-Elect Obama has a unique opportunity to bring change in these crucial areas that will protect workers with the courage and integrity to tell the truth. That’s the change we believe in. That is the change we hope and expect President-Elect Obama will bring to the federal government.

To view President-Elect Obama's survey responses please click here. 

To send an email to President-Elect Obama telling him to Take Action on whistleblower protection, CLICK HERE! 

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