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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X: DUE PROCESS FOR NATIONAL SECURITY WHISTLEBLOWERS?
The national security whistleblower protection sections of S. 372 are a bad joke. They completely undermine any semblance of whistleblower rights, and ensure that no national security worker will ever prevail in a disputed whistleblower case.
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VIII: WHAT HAPPENS TO NATIONAL SECURITY WHISTLEBLOWERS?
National security whistleblowers are the biggest losers in S. 372.
The Senate Homeland Security approved a bill that, if enacted, would seriously undercut national security whistleblower rights and set terrible precedent. It would in practice constitute an anti-whistleblower law.
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The NWC’s series “What’s Wrong With The Senate Whistleblower Bill” examining specific weaknesses in the Senate Bill will continue on Monday.

If you would like more information on the Senate Bill please read NWC General Counsel David K. Colapinto’s legal analysis or visit the NWC’s Federal Employee Whistleblower Protection page.

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VI: WILL ANY FEDERAL EMPLOYEES EVER HAVE THEIR CASE HEARD IN FEDERAL COURT?
The short answer to this question is virtually, none.
When read together, the numerous “poison pill” provisions inserted into S. 372 all but guarantee that very few, if any, federal employee cases will ever be removed to district court for a real trial.
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V: THE NEW SUMMARY JUDGEMENT RULE: GOLIATH FINALLY WINS!
S. 372 contains a new provision that permits the Merit Systems Protection Board to dismiss whistleblower claims under a procedural rule known as “summary judgment.” See Section 118. This new rule permits the MSPB “judges” to summarily dismiss a whistleblower claim without ever conducting a hearing.
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