LEADING NATIONAL SECURITY WHISTLEBLOWERS URGE OBAMA ACTION TO ENSURE PROTECTIONS

Posted on July 29, 2009 by Sam Dratch

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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.


The reason typically cited for denying court access for all federal employees is that it could create a national security risk. As current or former national security whistleblowers, we know 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.” This finding has held since 1996, and yet misinformation about extending full due process protections to national security whistleblowers is still pervasive today.

Moreover, whistleblowers have actually been instrumental in pointing out issues that threaten our nation’s security. Even without full due process protections, courageous employees have pointed out problems including deficiencies in the counterterrorism program that contributed to the success of 9/11, the promotion of faulty intelligence that led to a war, systemic due process violations through misconduct in crime labs, and billions of dollars in waste and illegal contracting. Rather than a national security threat, whistleblowers are a central defense against misconduct.

The future of our nation depends on your support for this critical oversight and accountability issue. Taxpayers put forward billions in government spending, and they deserve accurate information and a guarantee of accountability. Please safeguard our nation against future terrorist attacks by removing the gag order from the brave men and women who are charged with ensuring our safety.

The past ten years have demonstrated the invaluable contributions of whistleblowers. We have made countless preventable mistakes, including the failure to search Moussaoui, abuses in Abu Ghraib, and lies to Congress about secret CIA programs. The need to fully protect national security whistleblowers is indisputable. They are vital to our country’s safety, and their future is in your hands.

Respectfully submitted,

Sibel Edmonds
FBI Whistleblower and Director of the National Security Whistleblowers Coalition

Dr. Frederic Whitehurst
Former FBI Supervisory Special Agent and FBI Whistleblower (Crime Lab)
Member of the Board of Directors, National Whistleblower Center

Colleen Rowley
Retired FBI Agent, Whistleblower
Former Minneapolis Legal Counsel

Jane Turner
Retired FBI Agent, Whistleblower

Robert MacLean
Former U.S. Department of Homeland Security Federal Air Marshal
National Whistleblower Liaison, Federal Law Enforcement Officers Association

Jon Adler
National President
Federal Law Enforcement Officers Association

P. Jeffrey Black
Nevada State Chapter President
Federal Law Enforcement Officers Association
Federal Air Marshall Whistleblower

John B. Vincent
Retired FBI Counter Terrorism Agent, Whistleblower

Bill Russell
Former NSA Employee, Whistleblower

Melvin A. Goodman
Former CIA Analyst, Senior Fellow, Center for
International Policy, Whistleblower

Russell D. Tice
Former Intelligence Analyst & Capabilities Operations
Officer, NSA, Whistleblower

Sandalio Gonzalez
Special Agent in Charge, Ret., DEA, Whistleblower

William Savich
Special Agent, Bureau of Diplomatic Security, Department of
State,  Whistleblower

Martin Edwin Andersen
Former Senior Advisor for Policy Planning
Criminal Division, U.S. Department of Justice
First-ever National Security Winner of U.S. Office of Special Counsel´s "Public Servant Award"

Joseph Carson, PE
Nuclear Safety Engineer, Department of Energy
“Multiple-time Prevailing” Whistleblower

Gabe Bruno, Representative
FAA Whistleblowers Alliance
Retired FAA Manager

Craig R. Sawyer
Former U.S. Department of Homeland Security Federal Air Marshal Manager
Whistleblower Against Gross Mismanagement and Retaliation Member, Federal Law Enforcement Officers Association

Linda Lewis,
Emergency Programs (WMD) Specialist,
U.S. Department of Agriculture

Bill  Bergman,
Former Senior Financial Market Analyst, Federal Reserve Bank of Chicago, Whistleblower

Spencer A. Pickard
Former U.S. Department of Homeland Security Federal Air Marshal
While on active duty, exposed the Federal Air Marshal Service's safety and security lapses on ABC News 20/20 

Mark Danielson
DoD Police Officer, Whistleblower

Bogdan Dzakovic
Former FAA Air Marshal Team Leader and Red Team Leader, Current TSA, Whistleblower



cc.

 
Hon. Nancy Pelosi
Speaker of the House
H-232, US Capitol
Washington, DC 20515

Hon. Darrell Isa
Ranking Member
House Committee on Oversight and Government Reform
2347 Rayburn House
Office Building
Washington, DC 2051

Hon. Bruce Braley
U.S. House of Representatives
1019 Longworth HOB
Washington, D.C. 20515

Hon. Chris Van Hollen
U.S. House of Representatives
1707 Longworth H.O.B.
Washington, D.C. 20515

Hon. Todd Platts
Vice Ranking Member
Subcommittee on National Security and Foreign Affairs
2455 Rayburn House Office Building
Washington, DC 20515

Hon. Edolphus Towns
Chairman
House Committee on Oversight and Government Reform
2232 Rayburn House Office Building
Washington, DC 20515

Hon. Henry A. Waxman
U.S. House of Representatives
2204 Rayburn House Office Building
Washington, D.C. 20515

Hon. Harry Reid
Majority Leader
U.S. Senate
522 Hart Senate Office Building
Washington, D.C. 20510-2803

Hon. Joe Lieberman
Chairman
Senate Committee on Homeland Security and Governmental Affairs
One Constitution Plaza, 7th Floor
Hartford, CT 06103

Hon. Susan Collins
Ranking Member
Senate Committee on Homeland Security and Governmental Affairs
413 Dirksen Senate Office Building
Washington, DC 20510
 
Hon. Daniel Akaka
U.S. Senate
141 Hart Senate Office Building
Washington, D.C. 20510

Hon. George Voinovich
Ranking Member
U.S. Senate Subcommittees on Homeland Security & Oversight of Government Management
524 Hart Senate Office Building
Washington, DC 20510

 
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Senate Stimulus Vote Approaching Fast! Contact Congress Now!

Posted on February 9, 2009 by Sam Dratch

The Senate is preparing to vote on the stimulus package, and we must seize this historic opportunity to obtain whistleblower protection for all federal employees. We’re in the final stages of the fight and taxpayers who demand oversight and accountability are making their voices heard, but we need your help. Now Halliburton whistleblower, Bunny Greenhouse is calling on all Americans to contact Congress and tell your Senators and Representatives to keep whistleblower protection in the final version of the stimulus package.

Bunny’s urgent letter capped  off a week of increasing public support for whistleblower protection.  Yesterday, the Washington Post published a letter to the editor emphasizing that whistleblower protections are essential for oversight and accountability. Earlier this week, the Pennsylvania Patriot News endorsed the whistleblower protection amendment of the stimulus package as a necessity to allow civil servants to report fraud.

 

 

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Encouraging Whistleblowers

Posted on January 26, 2009 by Marshall Chriswell

Today's Christian Science Monitor has an excellent article on what companies need to do to encourage whistleblower reports. Employers large and small should be thinking about this especially because fraud reports are rising as the economy falters.

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Vote for Whistleblower Protection on Change.org

Posted on December 30, 2008 by Lindsey Williams

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. 

 

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Brief: It's not "absurd" to follow SOX law.

Posted on December 18, 2008 by Richard Renner

A few federal judges have been reluctant to follow a provision in the 2002 Sarbanes-Oxley (SOX) law that allows corporate fraud whistleblowers to have a de novo trial in federal court. One judge in Maryland ordered a SOX case back to the Department of Labor's Administrative Review Board (ARB) saying that the de novo provision was "absurd."  Yesterday, I filed an amicus brief with the Fourth Circuit Court of Appeals explaining why this is the law, and why it is not "absurd" to follow the law.

 

The amicus brief was filed on behalf of the National Whistleblowers Center (NWC) and the Government Accountability Project (GAP). GAP attorneys Kasey Dunton-Dermont and Tom Devine assisted with the brief.

The SOX provision at issue is 18 U.S.C. §1514A(b)(1)(B).  It provides that if the Department of Labor (DOL) does not issue a final order within 180 days, then the complainant can file a de novo civil action in U.S. district court.  

Between 1999 and 2005, David Stone became a quick climber of the corporate ladder at Instrumentation Laboratory Company (IL).  Promoted twice, we went from a Sales Representative to Director of National Accounts.  In this national management position, Stone learned that IL had not been paying required administrative fees to Group Purchasing Organizations (GPOs). Combined with internal control problems, this meant that IL was misrepresenting its financial condition to investors. Stone reported these problems to corporate officials who promptly began retaliating.  First they gave Stone a bad performance appraisal.  Then, in March 2006, they fired him.

Stone filed a SOX whistleblower complaint with DOL's Occupational Safety and Health Administration (OSHA) which (as it does in most cases) found no merit in the complaint.  Stone appealed to an administrative law judge (ALJ) who dismissed the case without allowing Stone to have discovery or a hearing.  It is no wonder then that Stone decided to leave the DOL process and file in federal court.

The federal judge, however, also did not want to hear the case.  Citing a decision from Louisiana, and a comment by the Secretary of Labor, the judge said that allowing Stone to have a trial after the ALJ had issued a recommended decision was an "absurd result."  Ignoring the plain language of SOX, the judge ordered that the case go back to DOL for a final decision.  Stone appealed.

In our amicus brief, NWC and GAP argue that the plain and clear language of SOX controls, and it was an error for the judge to refuse to hear Stone's case.  The brief notes that the Fourth Circuit reached the same conclusion for discrimination cases under Title VII, holding that de novo review “makes clear” that the trial in district court “proceeds as if no earlier proceedings had been completed at all.” Laber v. Harvey, 438 F.3d 404, 421 (4th Cir. 2006). Other courts have also followed SOX the way it is written, allowing de novo litigation. JDS Uniphase Corp. v. Jennings, 473 F.Supp.2d 705, 710 (E.D. Va. 2007); Collins v. Beazer Homes USA, Inc., 334 F. Supp. 2d 1365, 1374 (N.D. Ga. 2004).

The brief argues that legislative history need not be considered when the statute's language is clear. Nevertheless, the history of SOX supports what the language says.  Senator Patrick Leahy stated “Only if there is not a final decision within 180 days of the complaint (and such delay is not shown to be due to the bad faith of the claimant) may he or she bring a de novo case in federal court with a jury trial available.” Legislative History of Title VIII of HR 2673, the Sarbanes-Oxley Act of 2002, Section 806, 148 Cong. Rec. S7418, S7420 (July 26, 2002).  Congress clearly knew what it was saying.  In fact, Congress has said it six more times in the whistleblower laws it has passed since enacting SOX in 2002:  Energy Reorganization Act, 42 USC 5851(b)(4); Surface Transportation Assistance Act, 49 USC 31105(c); National Transit Systems Security Act of 2007, 6 USC 1142(c)(7); Federal Rail Safety Act, 49 USC 20109(d)(3); Defense Authorization Act, 10 USC 2409(c)(2); and Consumer Product Safety Improvement Act, 49 USC 2087(b)(4).

The brief concludes that it is not “absurd” to follow the law as Congress wrote it.  A decision is expected by the end of 2009.  Click here to download the Brief of Amici Curiae.

 

 
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Burrowing and Purging at Sunset

Posted on November 20, 2008 by Richard Renner

David Swanson reports in AfterDowningStreet.org that the Bush administration has accelerated efforts to purge federal departments of whistleblowers before the inauguration of President-Elect Obama.  The story follows on the heels of a Washington Post report about the "borrowing" of political appointees into civil service positions to protect their jobs after the change of administrations.

His article is available at: http://www.afterdowningstreet.org/stopthepurge

Swanson spoke with Dr. Marsha Coleman-Adebayo who called what's happening a "silent coup d'etat." The Bush administration, she said, is "embedding their foot soldiers inside the government in order to sabotage any Obama initiatives while at the same time terminating federal employees who they assume would be supportive of the new administration." Dr. Coleman-Adebayo won a jury verdict against the Environmental Protection Agency for discrimination, and inspired the No-FEAR Act. Now the EPA has proposed to remove her from federal employment. More about her story is available at:  http://johnsonmustgo.org/marsha

Other purges are in the Departments of Commerce, Labor and Transportation, according to Swanson.  Hopefully, Obama's transition team will review these purges with an eye toward fulfilling candidate Obama's pledge to protect federal whistleblowers. Click here to see Obama's survey responses to the National Whistleblower Center.

 

Click here to see why Obama's hardest promise will be protecting whistleblowers.

 

 

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National Whistleblowers Center Announces the First Training Seminar Covering Whistleblower Rights Under the Newly Enacted Consumer Product Safety Act of 2008

Posted on November 11, 2008 by Sam Dratch


Protections Expanded to Workers Who Expose Safety Defects in Imported Consumer Products and Violations of the Consumer Products Safety Act and the Hazardous Substances Acts

 

Washington, D.C. November 8, 2008.  The National Whistleblower Center is sponsoring the first training seminar covering the newly enacted whistleblower protection provisions of the Consumer Product Safety Act of 2008.   The new law contains groundbreaking whistleblower protections covering millions of workers employed in the manufacture, distribution, and sale of consumer goods. The Act contains strong pro-employee provisions, including the right to a trial by jury, compensatory damages and attorney’s fees and costs.

The all-day seminars are being held in the Taft Room at the Willard InterContinental Hotel,
1401 Pennsylvania Ave., N.W. Washington, D.C. on November 21, 2008.  

The new law protects workers who blow the whistle on safety problems in over 15,000 different types of consumer products, including Asbestos, benzene, bicycle helmets, blasting caps, carpets and rugs, caustic or corrosive substances, 
flammable products, 
fabrics, 
fireworks, gasoline, 
toxic substances, 
imported consumer products, lead paint, and 
toys.   The protections extend beyond the Consumer Products Safety Act, an include disclosures concerning violations of the Federal Hazardous Substances Act, the Flammable Fabrics Act, and the Poison Prevention Packaging Act.

This is the first seminar specifically designed to train whistleblowers and their advocates in the mechanics of the Act, and how this law would protect workers who blow the whistle on toxic toys and other dangerous consumer products.    Commencing at 9 a.m., the program consists of four seminars covering all aspects of the new law.  It is designed to assist workers and their lawyers in effectively presenting claims.  CLE credit is available to attorneys.   

To review the full program and faculty click here.   A registration fee of $495.00 is required, but scholarships are available.  Whistleblowers, students, community activists, and members of the press who wish to attend should contact 
Estelle S. Kohn
  at  202-342-1903 or email her at  ek@whistleblowers.org 

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Obama's Hardest Promise: Protecting Workers Who Blow The Whistle

Posted on November 5, 2008 by Stephen Kohn

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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