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2005 Headlines
NIH reinstates specialist who alleged misconduct in federal AIDS research
Grassley Hails NIH Reinstatement of Expert John Solomon, Associated Press Writer Dec 27, 2005
Faulty body vests ‘put President’s life in danger’, By James Doran, Wall Street Correspondent, The Times of London, September 27, 2005
Shooting Holes in Bullet Analysis N.J. criminologist’s crusade helps lead FBI to give up forensic method (word document) By Mary P. Gallagher, New Jersey Law Journal, September 26, 2005
FBI Drops Controversial Bullet Tests By Michael J. Sniffen Associated Press, September 1, 2005
Democrats Demand Probe of Demotion A Corps of Engineers official had called Halliburton's no-bid contract 'blatant and improper' during congressional testimony. By T. Christian Miller, Times Staff Writer, August 30, 2005
Lawmakers Ask Pentagon to Probe Firing By Robert Burns, AP Military Writer Monday, August 29, 2005
Army Whistleblower Draws Fire By Deborah Hastings The Associated Press Sunday, August 7, 2005
At the FBI, cronyism trumps competence By Mike German Th., Jul. 28, 2005
A 'troubled organization' A St. Petersburg Times Editorial Published July 26, 2005
NIH Inquiry Shows Widespread Ethical Lapses, Lawmaker Says July, 14, 2005, By David Willman, LA Times Staff Writer
NIH Review Substantiates Fired Expert's Concerns By John Solomon, Associated Press Monday, July 4, 2005; Page A02
Why The FBI Can't Be Reformed By William E. Odom, Washington Post Wednesday, June 29, 2005; Page A21
Terror skills 'not FBI priority' BBC News, Tuesday, 21 June, 2005
Tenure is nice, expertise better Henderson Daily Dispatch, NC June 21, 2005
Who Blew the Leads? TIME -June 19, 2005
Questions arise over FBI leadership in war on terror International Herald Tribune, France June 19, 2005
Climate of Alarm Described At NIH Sexual Intimidation, Safety Lapses Alleged By John Solomon, Associated Press, April 11, 2005
FBI Bullet Test Misses Target Court Rejects Test; FBI Has Suspended Use By Leonard Post Staff reporter National Law Journal Monday, April 4, 2005
Institute of Medicine Report Contains Critical Flaws National Whistleblower Center April 8, 2005
Drugmakers to publish more data on trials Published: January 6 2005
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C-SPAN Features Halliburton Whistleblower
Washington, DC, November 17, 2005. C-SPAN’s long running public affairs program Close UP featured Bunnatine Greenhouse, the Halliburton whistleblower a program that aired Friday, November 18, 2005. Appearing along with Mrs. Greenhouse was Chairman of the National Whistleblower Center, Stephen M. Kohn and Mrs. Greenhouse’s counsel Michael D. Kohn. The program focused on Mrs. Greenhouse’s courageous stand against contractor misconduct and the rights of whistleblowers to expose such abuses.
Washington Post Highlights Halliburton Whistleblower
Washington, DC, October 19, 2005. The Washington Post "Style" section published a major feature article highlighting the life story of Ms. Bunnatine Greenhouse, America's most famous "Halliburton whistleblower."
Michael D. Kohn, the General Counsel of the National Whistleblower Center and Ms. Greenhouse's lead attorney stated "The Post story uniquely captures the spirit behind whistleblowers and documents the fortitude and courage needed by any employee who risks their career to service the public interest. It is required reading."
Ms. Greenhouse's case was also highlighted in an October 14, 2005 news story on the PBS show "NOW."
- A Web of Truth
Whistle-Blower or Troublemaker, Bunny Greenhouse Isn't Backing Down By Neely Tucker Washington Post Staff Writer Wednesday, October 19, 2005; Page C01
- NOW: Politics & Economy Bunny Greenhouse
Aired on PBS, October 14, 2005
Bush Administration Opposes Whistleblower Rights Before the U.S. Supreme Court
Washington, D.C. On Wednesday October 12, 2005, the U.S. Supreme Court will hear Garcetti v. Ceballos, a major whistleblower case with the potential to devastate long standing whistleblower rights. The Supreme Court is reviewing a U.S. Court of Appeals for the Ninth Circuit’s decision which protected a government whistleblower who disclosed that a deputy sheriff had lied in a search warrant affidavit.
In the case, the Ninth Circuit held that “when government employees speak about corrupt ion… by other government employees… their speech is inherently a matter of public concern” and is protected under the First Amendment. Los Angeles County is seeking to overturn that holding and deny whistleblowers their First Amendment Rights.
In a highly troubling development, the Solicitor General filed an amicus curiae brief on behalf of the United States in opposition to whistleblower rights. The Bush Administration urged the Court to overturn the Ninth Circuit’s decision which will effectively nullify existing law protecting employees who blow the whistle concerning work-related corruption.
Stephen Kohn, Chairman of the National Whistleblower Center, made the following statement:
“If the lower court’s decision is reversed, government employees will be stripped of their Constitutional protections under the First Amendment. Public employees, who disclose to superiors incidents of government corruption, abuse, and fraud within their workplace - such as stealing from taxpayers, lying under oath, or putting innocent defendants in prison – will be stripped of their whistleblower rights. Worse, employees who make such disclosures at work could be fired simply for blowing the whistle.”
“We are extremely dismayed that the Bush Administration has chosen not to protect whistleblowers. The position advocated by the Solicitor General will reverse thirty years of law and undermine traditional First Amendment protections afforded state employees.”
U.S. Senators Call for Reinstatement of Whistleblower – Bunnatine Greenhouse
September 28, 2005, Washington, D.C. United States Senators Debbie Stabenow (D-MI), Byron Dorgan (D-ND), Frank Lautenberg (D-NJ), and Patrick Leahy (D-VT) held a press conference calling for the immediate reinstatement of Bunnatine (Bunny) H. Greenhouse as the Procurement Executive and chief of civilian contracting for the Army Corps of Engineers. Greenhouse was demoted after she reported serious contracting fraud and abuse related to the awarding of billions of dollars in no-bid contracts to Halliburton and because she exposed and fought against casual and clubby contacting practices by Army commanders.
Michael Kohn, General Counsel to the National Whistleblower Center, who represents Ms. Greenhouse, made the following statement:
“Bunny Greenhouse is an American hero who has the courage to speak truth to power. Ms. Greenhouse was removed from her position as chief of contracting after the Governor of Louisiana declared a state of emergency as Katrina was about to hit the Gulf Coast. The levies built and maintained by the Army Corps began to fail less than 24 hours of Ms. Greenhouse’s removal.”
“Like FEMA before Katrina hit, the Army Corps contracting organization is leaderless. We call on the President to immediately restore Ms. Greenhouse to her position so that she can ensure that contracting by the Army Corps is fair and honest. This country needs people like Bunny Greenhouse to ensure that billions of dollars in contracting funds don’t end up lining the pockets of the well-connected at the expense of small business and the taxpayer.”
“The Administration can demonstrate its sincerity about restoring credibility to the contracting process by making sure that Ms. Greenhouse is allowed to do her job.”
“Bunny Greenhouse is a native Louisianan, and there is no one in the contracting field more willing to devote themselves to the rebuilding of this nation while ensuring that the American taxpayers are not fleeced in the process.”
Whistleblower Testifies That President Bush Wore Faulty Bullet Proof Vest
Washington, D.C. September 26, 2005. In sworn deposition testimony, Second Chance Body Armor whistleblower Dr. Aaron Westrick testified that the President of the United States, the First Lady and members of the US Army Central Command all wore defective bullet proof vests sold by Second Chance. According to a story released by the Associated Press, Second Chance officials who profited from these sales are now under criminal investigation.
The US Department of Justice has already civilly sued Second Chance and Toyobo in federal court based on the fraudulent sale of defective bullet proof vests. Toyobo is a named defendant because it manufactured the defective material (Zylon) which was used to construct the Second Chance vests.
Dr. Westrick worked as the research chief for Second Chance, but was removed from managerial responsibilities after he recommended that the company inform its customers that the vests were defective. He was terminated by Second Chance once the company learned that Westrick has provided documents to the Department of Justice that documenting corporate greed over protecting the lives of police officers. Specifically, Westrick provided documentation that continued sale of the vests would result in the loss of life. Despite these warnings, the company continued selling the vests.
Dr. Westrick’s counsel, Stephen M. Kohn, issued the following statement:
- “Toyobo and Second Chance officials knew the vests would fail. Greed prevailed over the safety of even the President of the United States. The corporate officials who profited by selling defective vests must be held accountable and face prosecution to the fullest extent of the law. Once again, the public interest was served by a whistleblower with the courage to expose corporate misconduct and provided documented evidence to the Justice Department.”
Kohn, who also serves as the Chair of the National Whistleblower Center, praised Dr. Westrick for saving critical internal corporate documents which demonstrate that Second Chance and Toyobo officials knew of the defects in the vest at the time of the sales in question.
Army Contracting Chief Removed After Reporting Halliburton Contract Abuse
Washington, D.C.,August 29, 2005. Bunnatine H. Greenhouse, was the senior Army Corps of Engineers contracting officer since 1997 until she was demoted on Saturday, August 27 after she raised concerns over contracts abuse related to the award of billions of dollars in contracts by the Army Corps of Engineers to Halliburton subsidiary Kellogg Brown & Root. Greenhouse was brought into the Corps by a former Corps Commander, Major General Ballard, to help him clean up the contract abuse. When General Ballard hired her in 1997 she was overqualified - three master's degrees and more than 20 years of contracting experience in private industry, the Army and the Pentagon. "She is probably the most professional person I've ever met," Ballard said during an interview with AP.
The Corps first tried to remove Ms. Greenhouse in October of 2004. When it was revealed that her removal was tied to her objecting to contracts being awarded to Halliburton, the then Acting Secretary of the Army, Les Brownlee, withdrew the Corps attempt to remove Ms. Greenhouse as the chief of contracting and instructed that she could not be removed until a meaningful investigation of her allegations was substantially complete. When the investigation into her allegations seemed to be stalled, Ms. Greenhouse decided to testify at a hearing held by Democratic lawmakers. In June she voluntarily appeared before a panel of lawmakers and revealed that the office of the Secretary of Defense was heavily involved with the terms of the contracts to be awarded Halliburton and stated that the Halliburton contracts represented "the most blatant and improper contract abuse I have witnessed during the course of my professional career." Days before she decided to voluntarily appear before the panel of lawmakers, a high-level Corps attorney paid Ms. Greenhouse a visit and let it be known that it would not be in her best interest to appear voluntarily. Undeterred, Greenhouse appeared and three weeks later she was notified that she was going to be removed from office. Her lawyer, Michael Kohn (General Counsel of the National Whistleblower Center) stated that her removal constitutes "blatant discrimination" and violates an earlier agreement with the Army to suspend her demotion until "a sufficient record" pertaining to her complaints is complete. "The failure to abide by prior commitments and the circumstances surrounding Ms. Greenhouse's removal are the hallmark of illegal retaliation," her attorney, Michael D. Kohn, wrote in the letter to Defense Secretary Donald H. Rumsfeld. So far, Secretary Rumsfeld has refused to comment and has forwarded journalists to the Army.
"Her removal will send a message to all concerned that if they dare stand up to corrupting influences within the Army contracting world their careers will be destroyed," he added. "They went after her to destroy her," said Michael Kohn, who added that the demotion was "absolutely" retaliation for her complaints about the Halliburton contract. In an interview with the New York Times, her attorney, Michael Kohn, stated that Ms. Greenhouse was "being demoted because of her strict adherence to procurement requirements and the Army's preference to sidestep them when it suits their needs."
Democrats, who had invited Greenhouse to testify about her concerns at a June hearing, asked Defense Secretary Donald H. Rumsfeld in a letter issued on August 29 to reinstate Ms. Greenhouse pending an investigation.
Related Articles and documents:
“Deep Throat’s” Contacts with Press Were Protected Under Whistleblower Law
Washington, D.C., June 1, 2005. The following statement was issued by Stephen M. Kohn, the Chairman of the Board of Directors of the National Whistleblower Center in regards to the controversy surrounding the public disclosure of the Watergate-whistleblower’s identity. This whistleblower, commonly known as “Deep Throat,” was credited with providing the public with information directly related to illegal conduct within the White House:
- The current controversy surrounding Mr. W. Mark Felt’s confidential disclosures to the news media regarding illegal conduct in the Nixon White House is misplaced. The law on whistleblowing was intended to protect government employees who make disclosures to the news media. The very first United States Supreme Court case upholding the right of government employees to ”blow the whistle” on misconduct (Pickering v. Board of Education) concerned an employee who made his disclosures to the news media. That decision, issued over 35 years ago, has been repeatedly followed by nearly every court in the United States.
- The reasoning behind protecting employees who “blow the whistle” to the news media is well established. On the one hand, whistleblowers who report their concerns only to their bosses are often ignored or retaliated against. On the other hand, reporting allegations to the press is often the best way to force the government to do its job. Public exposure is absolutely critical in initiating objective investigations into misconduct, which have led to significant reforms and have protected the public interest.
- A government employee swears his or her allegiance to the Constitution of the United States, not to the White House or any government bureaucrat. The American public has the “right to know” about illegal conduct by high ranking officials. In the case of Mr. Felt, his disclosure options were very limited. He had good cause to believe that his chain of command would not properly address the allegations. For example, the Attorney General and Director of the FBI were both appointed by President Nixon and, at the time of the initial disclosures, were loyal to the President. In fact, Mr. Felt’s third line supervisor, President Nixon, was directly implicated in the misconduct.
Terror Prosecutor Quits Justice Department
Veteran Prosecutor Richard G. Convertino Voluntarily Resigns as an Assistant U.S. Attorney
Washington, D.C., May 16, 2005. Richard G. Convertino, a 15--- year veteran prosecutor for the U.S. Department of Justice, resigned today from his government job and will immediately take on the defense of a Michigan State Trooper who has been charged with 2nd Degree murder in the April 14th fatal shooting of an assailant. . Mr. Convertino’s voluntary resignation was in protest to the government misconduct he reported in a major terrorism prosecution and the failure of the Department of Justice to enforce his rights under the Privacy Act.
Mr. Convertino, who has been battling with the Justice Department for almost 2 years, says he has been waiting for the right time to leave the Department. “I know what it is like to be falsely accused of having motives I do not possess. The injustice of charging this Trooper for murder, in what is clearly a self-defense shooting, has given me the right reason to leave." The DOJ had not requested the resignation and his decision to leave the agency was not part of any settlement or negotiated deal. Instead, by resigning from the DOJ, Mr. Convertino will immediately open a private law practice in order to aggressively defend other victims of government abuse.
Mr. Convertino is the former lead prosecutor of the Detroit Terrorism case in which 3 of 4 defendants were convicted. Mr. Convertino has a whistleblower law suit pending against former U.S. Attorney General John Ashcroft, and along with others in the Department of Justice, for “mismanaging the war on terror” and for Privacy Act violations. The terrorism convictions were set aside at the request of the Justice Department.
Convertino has prosecuted many complex and high profile cases during his tenure at the DOJ. He is also nationally known for being the lead prosecutor in the criminal prosecution of perjury case against NBA player, Chris Webber, in 2003.
The DOJ has not requested Convertino’s resignation and his decision to leave the agency is his own and not part of any settlement or negotiated deal. “This will not affect his law suit, but by resigning from the DOJ, Mr. Convertino will be able to open a private law practice in order to aggressively defend clients, including other victims of government abuse,” said Stephen M. Kohn, an attorney for Mr. Convertino and the Chairman of the Board of Directors of the National Whistleblower Center.
Supreme Court Backs Whistleblowers
Washington, DC., March 29, 2005. The United States Supreme Court handed down a landmark decision today by recognizing that whistleblowers are protected from discrimination under Title IX. The Court's decision in Jackson v. Birmingham Board of Educationaffords the protections of Title IX to whistleblowers who have been retaliated against based on their sex. Congress intended such lawsuits when it passed the Title IX law, justices said. And, in a 5-4 majority, the Court held that Title IX encompasses claims of retaliation where the employer retaliates against an individual because he has complained about sex discrimination.
According to the majority of the Court, Reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report went unpunished. Indeed, if retaliation were not prohibited, Title IX's enforcement scheme would unravel. Justice Sandra Day O'Conner, writing for the majority stated that Without protection from retaliation, individuals who witness discrimination would likely not report it, indifference claims would be short-circuited, and the underlying discrimination would go unremedied
The Court's decision sends a clear message to academic institutions that discrimination based on whistleblowing will not be tolerated, said Stephen M. Kohn, Chairman of the Board of the National Whistleblower Center. Whistleblowers should never be retaliated for exercising their rights, and today's decision affirms that idea.
Secret Report Confirms Whistleblower Allegations
Washington, DC., March 29, 2005. The New York Times reported today that the National Academy of Sciences issued a report confirming the vulnerability of nuclear spent fuel pools to terrorist attack. According to the press the Academy Report is classified and not available to the public. The press accounts vindicate allegations raised by the National Whistleblower Center and nuclear whistleblower Randy Robarge shortly after the 9-11 attacks. Specifically, the NWC was the first organization to release NRC internal engineering reports which fully documented (1) the vulnerability of every nuclear plant in the US. to an airborne terrorist attack; and (2) the vulnerability of spent fuel pools to terrorist attack.
The spent fuel pools are facilities in which every nuclear power plant stores its nuclear waste. When constructed they had no realistic safeguards to prevent terrorist attacks. Prior to the 9-11 attacks, the NRC had rejected requests to have the spent fuel pools even minimally guarded.
Mr. Robarge, a long term radiation protection supervisor at several nuclear power plants, fully documented the lack of safeguards at spent fuel pool and the amount of radioactive matter that, if released, would have a catastrophic impact.
In October 2001, the NWC and Mr. Robarge formally petitioned the NRC to take immediate protective action to protect spent fuel pools from terrorist attack. The NRC issued a ruling on the petition but classified the corrective action it was planning to take.
According to the New York Times report, the NRC has insisted on classifying the Academy's findings. Additionally, the New York Times disclosed that the NRC is opposing some of the findings of the Academy. "The NRC’s failure to take aggressive and immediate corrective action to protect public health and safety from the serious threat posed by the storage of radioactive waste in ill-protected spent fuel pools is irresponsible," stated Stephen M. Kohn, the Chairman of the NWC's Board of Directors. The NWC is calling for the release of the Academy's full report. "The NRC has a duty to fully inform the public of the hazards of nuclear powers and to allow the citizenry to make informed decisions regarding this critical energy source," added Kohn.
Related documents:
Redacted version of the NWC's 2001 petition to the NRC
The NRC's 2002 Response to the NWC's Petition
NIH Whistleblower Testified Before National Academy Of Sciences' Institute Of Medicine
Washington, D.C. On January 4, 2005, Dr. Jonathan Fishbein, the leading NIH whistleblower on AIDS research misconduct, presented testimony before a special committee of the National Academy of Sciences' Institute of Medicine. This testimony highlighted the failure of NIH to comply with mandatory health and safety requirements in its AIDS research program.
Prior to testifying before the IOM, Dr. Fishbein had raised allegations of AIDS research misconduct to members of Congress. The IOM testimony was Dr. Fishbein's first public testimony on this matter.
The Executive Director of the National Whistleblower Center, Kris Kolesnik, issued the following statement: "NIH officials are presently creating a chilling environment, preventing other potential witnesses from coming forward with similar allegations. This is undermining the integrity of the regulatory process while reviews are on-going. We call upon the NIH to cease and desist the harassment and intimidation of whistleblowers within its program of AIDS. And Dr. Fishbein should be immediately reinstated as the Director, Office for Policy and Clinical Research Operations."
Fraternal Order of Police Supports Whistleblower Suit
Washington, D.C. July 14, 2005. The Fraternal Order of Police (FOP), the world's largest organization of sworn law enforcement officers, has strongly endorsed the whistleblower lawsuit filed by Dr. Aaron Westrick, the former Director of Research and Composite Development for Second Chance Body Armor. The suit, which has been joined by the Department of Justice, alleged that Second Chance and the Toyobo Company knowingly sold defective bullet-proof vests to police officers throughout the United States.
The suit is based on documents confidentially provided to the U.S. Department of Justice by Dr. Westrick. The documents included an internal Board of Director corporate memorandum which confirmed Second Chance's knowledge that a police officer could die as a result of wearing one of the defective vests. The company ordered that the memorandum be destroyed. Westrick saved one copy and leaked it to the Department of Justice. In 2004, after Dr. Westrick confirmed in a deposition that he had refused to shred numerous incriminating Second Chance internal documents, he was fired from the company.
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