After a careful review of S. 372, the National Whistleblowers Center, the Federal Ethics Center, and the National Security Whistleblowers Coalition strongly recommend that the bill not be approved in its current form. We urge the House of Representatives to fix the bill and send it back to the Senate for final approval. Here is why the bill must be fixed:
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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.
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XI: IS FILING A NATIONAL SECURITY WHISTLEBLOWER CASE UNDER S. 372 MALPRACTICE PER SE?
Simply wasting many years and thousands of dollars in a new bureaucracy that Franz Kafka would have marveled at is not enough unto itself to say that filing a claim under the Senate provisions would constitute legal malpractice. However, Title II of S. 372 is not so benign. It is a retaliators fantasy.
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X: IF IN DOUBT – THROW OUT THE CASE!
Buried at the very end of the national security whistleblower section of S. 372 is a grant of unprecedented power to the directors of the FBI, CIA, NSA and every other intelligence agency.
These directors are authorized to have any whistleblower case summarily dismissed, with no administrative or judicial review.
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