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The National Whistleblowers Center has advocated on behalf of many FBI whistleblowers, including FBI Counterterrorism Whistleblower Bassem Youssef. NWC is the main public interest organization supporting FBI agents who have exposed significant agency misconduct, including the illegal
FBI actions at Ruby Ridge, fraudulent science in the FBI crime lab, major breakdowns in the War on Terror and illegal retaliation against whistleblower agents. NWC’s efforts have resulted in systemic reform of the FBI crime lab, the introduction of Inspector General oversight of FBI misconduct, the removal and discipline of supervisors who retaliated against employees or engaged in misconduct, and ongoing Congressional review of the FBI’s wrongdoings. The NWC has also been invited to testify in Congress on the need to protect national security whistleblowers.
National Security Whistleblowers
Although national security employees were deprived protections under the Whistleblower Protection Act of 1989, that does not mean they have no rights. In fact, all federal employees, including national security employees, are required under Executive Order 12731 to report waste, fraud, and abuse to the proper authorities. The President has mandated employees report. However, Congress has not lived up to its obligations to protect these employees.
There are four critical cases that have determined that all federal employees, including national security employees, are protected under the First Amendment and cannot be retaliated against on the basis of protected speech. These decisions are:
Pickering v. Board Of Education, 391 U.S. 563 (1968), which established First Amendment rights for federal employees.
Snepp V. United States, 444 U. S. 507 (1980), which recognized First Amendment protection for national security employees in the context of exposing wrongdoing.
Weaver v. USIA, 87 F3d 1429 (1996), litigated by attorneys working with the NWC, determined that federal employees could file a case in U.S. District Court to prevent 1st Amendment abuses.
Sanjour v. EPA, 786 F.Supp. 1033, 1036 (D.D.C.1992), also litigated by attorneys working with the NWC, gave all federal employees the right to enjoin their agencies from retaliation for 1st Amendment activities.
In addition, national security whistleblowers have used the Privacy Act and the Freedom of Information Act to obtain protections.
Finally, in the FBI as a
result of a successful five-year legal battle by Dr. Frederic
Whitehurst, President Clinton was forced to sign an Executive Order
requiring the attorney general to provide protections for FBI
whistleblowers. 64 Fed. Reg. 58782.
National security agencies have traditionally tried to gag attorneys and employees from blowing the whistle by forcing them to sign non-disclosure agreements. The NWC has strongly and successfully opposed overly broad non-disclosure agreements. The NWC has fought back by forcing agencies to follow the obscure, but important, Appropriations Act of 2006 that prohibits such agreements.
Lloyd -LaFollette Act, 5 U.S.C. § 7211, is another law that provides protections for national security employees. Passed in 1909, it was the first whistleblower law to protection federal employees. This law prohibits retaliation against any federal employee for providing information to Congress. The NWC has consistently insisted on a whistleblower's right to appear before Congress. In fact, the NWC had a major confrontation with the Department of Justice (DOJ) in 2003 on this issue. The DOJ wanted to have "handlers" present during a whistleblower's meeting with Congressional staff. The DOJ eventually backed down and today whistleblowers can go to Congress without their supervisors knowing what they are reporting.-
Washington, D.C. September 3, 2009. As reported in a front page story of today's Washington Times, internationally respected whistleblower, Bunnatine Greenhouse, has issued an appeal to the U.S. Senate to pass strong protections for all federal employees. Mrs. Greenhouse was the only major Bush Administration executive to challenge the Halliburton "no bid" Iraq reconstruction contracts. In 2005, Mrs. Greenhouse was featured in a Washington Post Style section article A Web of Truth: Whistle-Blower or Troublemaker, Bunny Greenhouse Isn't Backing Down and also on NOW: Politics & Economy Bunny Greenhouse.
"We urge every American to read Bunny's letter and to TAKE ACTION! ," said Stephen M. Kohn, NWC Executive Director. "This is not a Democrat or Republican issue. This is not a partisian issue. This is an issue that goes to the heart of accountability and oversight. In the House of Representatives Democratic leader Chris Van Hollen (D-MD) joined with his republican colleague Todd Platts (R-PA) to introduce an effective whistleblower law that would give Bunny Greenhouse her day in court , The Senate should follow this bi-partisian lead and ensure that the promises made to whistleblowers during the 2008 election campaign are fulfilled."
NWC Press Release: Greenhouse's Most Recent Letter Causes A Stir
Read a 12-part series on the Whistleblower Protection Blog analyzing the Senate Whistleblower Bill.
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March 23, 2010. Washington, D.C. Stephen M. Kohn, Executive Director of the National Whistleblowers Center, has agreed to participate in an independent debate with Mr. Norman L. Eisen, Special Counsel to the President for Ethics and Government Reform, regarding the Whistleblower Protection Enhancement Act (S. 372), which is currently being "hotlined" in the Senate. Mr. Eisen has currently declined the invitation to participate in the debate.
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S. 372 repeals existing FBI protections and expands state secrets privilege
Washington, D.C. March 10, 2010. Prominent national security whistleblowers and advocacy groups issued a letter today urging the Senate to vote against the Whistleblower Protection Enhancement Act of 2009 (S. 372) unless the dangerous national security whistleblower provisions are corrected. This bill, which is currently being “hotlined” for unanimous consent, repeals existing FBI protections and strengthens the state secrets privilege.
The letter, signed by national security whistleblowers and respected advocates for national security employees, explains in detail the deficiencies in the Senate bill that will harm national security by covering up intelligence failures and civil liberties abuses: -
Washington, D.C. August 26, 2009. Yesterday the National Whistleblowers Center released the video of the August 8th deposition of national security whistleblower Sibel Edmonds. Ms. Edmonds testified before the Ohio Elections Commission in response to a subpoena in the Schmidt v. Krikorian case. Despite efforts by both the Department of Justice and the FBI to prevent her deposition, Ms. Edmonds was allowed to testify freely. (View Video Deposition)
Tags: Press Releases, National Security -
National Whistleblowers Legal Defense and Education Fund Contests FBI and Department of Justice Attempts to Silence Whistleblower
Washington, D.C. August 7, 2009. Today the National Whistleblower Legal Defense and Education Fund fought efforts by the FBI and the Department of Justice to prevent Sibel D. Edmonds from testifying in a case of alleged election fraud. Sibel Edmonds is scheduled to testify before the Ohio Elections Commission in response to a subpoena in the Schmidt v. Krikorian case. Both the Department of Justice and the FBI are attempting to halt her from testifying.
Tags: Press Releases, National Security -
The Senate will be marking up its version of the Whistleblower Protection Enhancement Act of 2009 (S. 372) this Wednesday. Now is the time to contact your Senators and President Obama and ask them to support adding jury trials for all federal employees, including national security employees.
Take Action! Demand Court Access for All Federal Employees!
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National Whistleblowers Center Calls for Immediate Review of Lame Duck MSPB Appointees
Washington, D.C. June 24, 2009. On June 22, 2009, the Merit Systems Protection Board (MSPB) issued a long awaited ruling in Robert J. MacLean v. Department of Homeland Security Agency. Mr. MacLean blew the whistle on the Department of Homeland Security's Transportation Security Agency (TSA) plan to improperly remove U.S. Air Marshals from long distance flights during a heightened terrorist alert. Mr. MacLean was concerned that the TSA's plan posed a serious threat to public health and safety. After Mr. MacLean's internal warnings were ignored, he made a public disclosure that was protected under the Whistleblower Protection Act. The Department of Homeland Security (DHS) subsequently fired Mr. MacLean in flagrant violation of the law. However, in order to win their case, DHS retroactively labeled his disclosure as Sensitive Security Information. The MSPB declined to review this retroactive relabeling and upheld Mr. MacLean's termination.Stephen M. Kohn, Executive Director of the National Whistleblowers Center issued the following statement:
Tags: Press Releases, National Security -
Washington, D.C. February 9, 2009. Bunnatine ("Bunny") H. Greenhouse, the highest ranking procurement official to oppose the no-bid, cost plus contracts to Halliburton for the reconstruction of Iraq, weighed in on the need for Congress to include real whistlebower protections as part of the stimulus-bailout bill (read her letter).
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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."
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